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Court of Protection

When an individual becomes unable to make decisions concerning their financial affairs, health or personal welfare then, unless they have made a valid Lasting Power of Attorney, someone needs to be empowered to make those decisions on their behalf.

Bank accounts may need to be accessed, property sold, decisions made about where the person is to live and how their care will be funded. The Court of Protection is the specialist Court that has the jurisdiction to appoint a Deputy with the necessary authority that will be recognised by Financial Institutions, Government Departments and others.

In most cases the sooner the application is made the better and, while the majority of applications to the Court of Protection do not necessitate an actual appearance in Court, the procedure is formal and there are specific requirements and time limits when an application is made. Our Team have the experience and expertise to guide you through the rules and regulations and to help the application to be progressed as quickly as circumstances allow.

Once a Deputy has been appointed the powers that are granted by the Court of Protection must be exercised in accordance with the provisions of the Mental Health Act 2005 and the Code of Practice issued under the Act. We are able to guide Deputies in the exercise of their duties, making sure that all of the appropriate guidance and formalities are followed, helping to make the undoubtedly onerous task of looking after someone else’s affairs as straightforward as possible.

It may be necessary to seek the formal permission of the Court to take a particular step. It is sometimes necessary to ask the Court to approve the making of a Will on behalf of someone who is unable to do this for themself. These are all matters upon which we can provide timely advice, reducing the stress and worry that such matters can sometimes attract.

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To download our Where Inheritance Tax is Payable leaflet please click here.

Probate – how much does it cost? Read more here.

To discuss any aspect of the administration of an estate please contact us.