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Court of Protection
Illness and mental incapacity can affect anyone, often without the chance to prepare. Whether dealing with a small balance in a bank account or a large settlement from a personal injury award, you may find yourself needing to explore the involvement of the Court of Protection on behalf of someone who now lacks mental capacity.
In the absence of an Enduring Power of Attorney (pre-October 2007) or a Lasting Power of Attorney, obtaining authority from the Court of Protection may be necessary to make decisions on behalf of an incapacitated individual. The Court’s role is to ensure that the best interests of the incapacitated individual are upheld, and compliance with the Mental Capacity Act 2005 offers peace of mind and reassurance that the right decisions are being made.
Who We Can Help
Our Court of Protection services are tailored to meet the needs of:
- Family Members: If you need to protect a vulnerable loved one who can no longer make vital decisions for themselves, we can apply to the Court of Protection.
- Lay Deputies/Attorneys: Individuals or organisations appointed to manage the affairs of incapacitated persons need legal support.
- Healthcare Providers: Care homes and hospitals sometimes have residents who do not have a deputy/attorney appointed which we can advise and assist with. Advice may be required on deprivation of liberty or related issues to ensure their residents live as happily as possible.
- Trustees: We can help those needing to replace a trustee who can no longer fulfil their role due to mental incapacity including where there is a jointly owned property where one or both legal owners have lost mental capacity.