Court of Protection
The Court of Protection makes decisions on behalf of people who are unable to make particular decisions for themselves because they lack mental capacity.
A person may lack capacity for many different reasons, including dementia, a learning disability, a serious illness, a stroke or an acquired brain injury.
Where somebody is unable to manage their own affairs, important decisions may still need to be made about their money, property, care or welfare.
At Craig Gee Solicitors, we can advise and assist families who need to make an application to the Court of Protection.
Deputyship Applications
Where a person lacks capacity to manage their own financial affairs and has not previously made a valid Lasting Power of Attorney, it may be necessary to apply to the Court of Protection for the appointment of a Deputy.
A Deputy may be a family member, friend or professional and must act in the best interests of the person who lacks capacity.
The Court will decide what powers the Deputy has and these will be set out in the Deputyship Order.
A Property and Financial Affairs Deputy may be authorised to deal with matters such as:
- Managing bank accounts and savings
- Paying household bills and other expenses
- Managing investments
- Dealing with property
- Paying for care and other services
- Managing income and benefits
Deputies are supervised by the Office of the Public Guardian and must comply with the duties and responsibilities imposed upon them.
We can assist with the application process and advise Deputies on their responsibilities once appointed.
Health and Welfare Matters
The Court of Protection can also make decisions concerning a person’s health and welfare where they lack capacity to make the particular decision themselves.
In some circumstances, the Court may appoint a Personal Welfare Deputy, although these appointments are less common and the Court will specify the particular decisions that the Deputy is authorised to make.
Health and welfare matters can include decisions concerning care, accommodation and, in appropriate cases, medical treatment.
We can advise you on whether a Deputyship application or an application for a specific Court Order is the most appropriate course of action.
Disputes and Difficulties Within Families
Disagreements can sometimes arise about who should manage the affairs of someone who lacks capacity or about what decisions should be made on their behalf.
These situations can be particularly difficult for families.
We can provide practical advice, assist with negotiations and, where necessary, represent you in proceedings before the Court of Protection.
Our focus will always be on achieving an outcome that protects the interests of the person who lacks capacity.
Statutory Wills
If a person does not have the necessary mental capacity to make or change a Will themselves, an application can be made to the Court of Protection for a Statutory Will.
This may be necessary where:
- The person has never made a Will
- Their existing Will no longer reflects their circumstances
- Family relationships have changed
- Their assets or financial circumstances have changed significantly
- The existing Will may no longer produce an appropriate result
The Court will consider what is in the person’s best interests when deciding whether to approve a Statutory Will.
We can advise on the application process and assist in preparing and presenting the application to the Court.
How We Can Help
Court of Protection matters can involve important and sometimes difficult decisions for families.
We aim to provide clear, practical advice and guide you through the process from beginning to end.
If you would like advice about Deputyship, a Statutory Will or another Court of Protection matter, call Craig Gee Solicitors on 0161 666 999.
