The Court of Protection is a specialist Court, which deals with individuals who lack mental capacity (not of sound mind). If an individual does not have a power of attorney document in place, then a loved one (with others) can apply to the Court of Protection to be appointed as their financial deputy. Our specialist lawyers can assist with all Court of Protection matters, such as:
Financial Deputy application
If an individual does not have a power of attorney document in place, then our specialist lawyers can advise on an application, requesting and authorizing that a financial deputy be put in place. the financial deputy would then have the relevant authority to manage the financial affairs on behalf of the incapacitated person. This is generally the most common type of Court of Protection application.
Statutory Will application
A Statutory Will is a Will that is sanctioned and authorised by the Court of Protection. If an incapacitated individual does not have a valid Will in place, or perhaps a Will does not comply with the wishes of the individual, then an application can be submitted to the Court of Protection, requesting that a person have authority to execute a Will, on behalf of the incapacitated person. This type of application is a complex matter and requires in-depth planning from the outset, detailing the family tree, financial position and wishes of the incapacitated individual.
Gifting applications
Where an attorney or deputy is appointed to act on behalf of someone, they have a duty and responsibility to act in their best interests. Attorneys/deputies have limited scope of what they are generally allowed to do, such as making a gift to someone, on behalf of the incapacitated person; for example, a gift of £20 for a birthday/Christmas would be allowed, whereas a gift of £10,000 to a relative would not be allowed. Any larger gift like this would need to be authorised and sanctioned by the Court of Protection
Contact Us
Call our head office in Welling on 020 8301 0808 or contact us for a consultation.
