Court of Protection - Protecting the Vulnerable
Safeguarding Your Loved One's Future
When a loved one loses the mental capacity to make their own decisions and has not put a Lasting Power of Attorney in place, the Court of Protection provides the legal framework to protect their interests and well-being. This can be a complex and sensitive process, requiring expert legal guidance to ensure the best possible outcome for the individual concerned.
My dedicated service helps you navigate the complexities of the Court of Protection, from applying for deputyship to seeking specific court orders, ensuring the vulnerable person's financial, health and welfare needs are met. I provide a compassionate and professional service, acting as your trusted partner to secure your loved one's future.
I can help with:
- Applying for a Property and Financial Affairs Deputyship Order
- Applying for a Health and Welfare Deputyship Order
- Applying for an order to appoint an additional Trustee to facilitate a property transaction
- Applying for an order to authorise Gifts or Tax Planning
- Applying for anorder to authorise the execution of a Statutory Will
I offer fixed-fee services for applications to appoint a Property and Financial Affairs Deputy or to appoint an additional Trustee for property transactions. Due to the complex nature of other applications in the Court of Protection it may be more appropriate to charge for these services on a time spent basis, however, in these instances my work will be charged at an hourly rate of just £100. No VAT.
I can meet you at home to make the process as stress free as possible.
Property and Financial Affairs Deputyship: Securing a Loved One's Financial Future
Efficiently Obtain the Legal Authority to manage the financial affairs of someone who lacks mental capacity
When a person loses the mental capacity to manage their own affairs and hasn’t put a Lasting Power of Attorney in place, the Court of Protection can appoint a deputy to act on their behalf.
As a deputy, you are legally responsible for all aspects of their finances, from paying bills and managing bank accounts to making investment decisions. I can guide you through every step of the deputyship application process, ensuring you obtain the necessary legal authority to manage your loved one's property and financial affairs correctly and in their best interests.
Health and Welfare Deputyship: Ensuring a Loved One's Care and Wishes Are Respected
Navigating Care and Medical Decisions for Someone who lacks mental capacity
While less common than financial deputyships, a Health and Welfare Deputyship may be necessary when a person has lost capacity and there is an ongoing dispute about their medical care, living arrangements, or daily routines.
These applications are complex and require clear evidence that a court-appointed deputy is essential for the individual's well-being. I have the experience to advise on whether this is the right course of action and to make a strong application to the Court of Protection on your behalf.
Appointing an Additional Trustee: Facilitating the Sale of Jointly Owned Property
Professional Support to Assist you in Selling a Loved One's Home
If a property is owned jointly and one of the owners has lost mental capacity, it can be very difficult to sell or re-mortgage the property. The Court of Protection can authorise the sale by issuing an order appointing a trustee,to act in the place of the person who has lost capacity.
I have the expertise to make this specific application, providing a practical solution that allows the property to be sold and the proceeds to be handled appropriately.
Authorising Gifts and Tax Planning: Tax-Efficient Planning and Gifting for Incapacity.
Strategic Financial Planning on Behalf of a Loved One
A deputy or attorney is generally unable to make significant gifts or carry out complex tax planning on behalf of a person who has lost capacity without specific authority from the Court of Protection.
I can help you apply to the court for a one-off order to authorise such actions, which may be vital for continuing a person's tax-planning strategy, protecting their assets, or providing for family members in line with their presumed wishes.
Applications for a Statutory Will:Creating a New Will When a Loved One Lacks Capacity.
Creating a Legally-Binding Will with Court Authority
If a person loses mental capacity without a valid Will, or if their existing Will is outdated and no longer reflects their circumstances, the Court of Protection can make a "statutory will" on their behalf. This is a crucial legal process that ensures their legacy is fairly distributed and that their family is provided for.
I provide comprehensive guidance and manage the detailed application to the court, advocating for a will that reflects the individual’s best interests and presumed intentions.