The Court of Protection is established to make legal Orders and appointments to protect people who are incapable of making their own decisions.
A person might lack capacity to make decisions for a number of reasons. They do not have the ability to make decisions as they may have Alzheimer’s, Dementia, a learning disability, be suffering from a stroke or have had a debilitating accident which has affected the functioning of their brain. However, their affairs need to be maintained and kept in order. Bills may need to be paid and decisions about medical treatment may also need to be made. A loved one of somebody who lacks capacity or a professional such as a solicitor can apply to the Court of Protection to be appointed as a Deputy.
Here at Craig Gee & Co we have a specialist Court of Protection team who can assist in such applications. Once a Deputy is appointed by the Court of Protection they can look after and make decisions about the person who lacks the capacity to deal with the finances and property and further for their personal welfare where appropriate eg to make decisions about medical treatment. Being a Deputy is an important role and the Deputy must act in the best interest of the person who lacks capacity. Deputies are supervised by the Office of the Public Guardian. Disputes within families about who should be appointed as deputy can arise.
Here at Craig Gee & Co we can help in such difficult times to obtain a speedy resolution which is in the best interest of somebody who lacks capacity. A person suffering from a mental disability will be incapable of making a Will. We can assist by making an application to the Court of Protection to make a Statutory Will. This will ensure that the person who lacks capacity is able to provide for those it is thought that they may have provided for in a Will if they were able to make one. A Will may have already been made prior to somebody losing capacity but as time passes and circumstances change the Will may no longer be appropriate and relevant, so a Statutory Will application can be made to address this.
If you seek advice or assistance on any of the matters mentioned above, please do not hesitate to contact us on 0161 666 9999.
