When a loved one is found to lack mental capacity to manage their own affairs, following trauma or illness, they may need support to help them with decision making.
Court of Protection
The Court of Protection is a specialist Court, established under The Mental Capacity Act 2005, that deals with the affairs of the most vulnerable in our society, to make decisions for them where they are unable to do so for themselves.
The Court can appoint a Deputy to step in and make decisions where a person lacks capacity to make that decision for themselves. These decisions fall into two categories:
- Property and Financial Affairs; and
- Health and Welfare
Property and Financial affairs covers all aspects of an individual’s finances, from setting up payment for care fees, to purchasing and adapting property to fit bespoke needs. Health and Welfare relates to issues of residency, treatment and all other aspects of healthcare.
A Deputy can be a family member, friend, local authority (referred to as a lay Deputy), or a professional, usually a solicitor. Whatever your background, all Deputies have a duty to act in the best interests of the individual who lacks capacity and will need to account to the Court annually.
Our team specialise in all aspects of Property and Financial Affairs. We can support with applications for the appointment of either a lay or professional Deputy, we also offer a full Professional Deputyship service.
The application process can be lengthy, and difficult to navigate in addition to supporting your family and balancing everyone’s needs. A professional Deputy can be a reassuring advisor, and a valuable part of your team offering advice throughout the process.
Members of our large Court of Protection team are recognised nationally for our friendly and approachable service. Our ethos is to empower our clients to be as independent as possible, whilst providing them with the scaffolding and support they need to do this safely.
We are able to offer the following services:
- Appointment of Property and Affairs Deputies
- Personal injury trust advice for adults and children in receipt of personal injury compensation
- Professional Deputyship service
- Specialist VIP and celebrity expertise
- Expert witness reports on professional and trustee costs
- Management of the affairs of clients who have powers of attorney
- Advice to lay attorneys
- Statutory Wills
- Lifetime gifts
- Benefits advice for Court of Protection clients
- Completion of annual deputyship reports
- Change of trustee applications
- Advice on appointment of Multi-Disciplinary Therapy Teams