Court of Protection Solicitors

Court Of Protection

When a relative or friend loses the capacity to act for themselves it may become necessary to apply to the Court of Protection in order to appoint a Deputy to act on that person’s behalf.

The loss of capacity may be as a result of brain injury or mental illness, dementia or learning difficulties and the Deputy will have the power to make financial and, in some cases, welfare decisions for the person lacking capacity.

Financial decisions may include using a bank account, making investments, paying bills and claiming benefits together with purchasing property, filing tax returns, employing carers and arranging holidays. In addition a deputy has to account to the Court of Protection on a yearly basis.

In some cases the Deputy may have authority to make welfare decisions including decisions about where someone lives, who a person comes into contact with and the giving or refusing consent for medical treatment.

The costs that are associated with the Court of Protection are in two parts namely those charged by the Court itself and those of your solicitor. There are yearly administration charges and an annual security bond must be taken out by the Deputy. The fees are recoverable from the assets of the mentally incapable person and are scrutinised by the Court.

The work in dealing with applications to the Court of Protection is obviously linked to Lasting Powers of Attorney. Where someone still has mental capacity they can make a Lasting Power of Attorney to appoint someone they trust to act on their behalf in the event that capacity is subsequently lost. Only where capacity has been lost is an application to the Court of Protection necessary.

Clive Wood here at CGW Law has experience in dealing with applications to the Court of Protection. Our clients come from Stockport, Manchester, Macclesfield and throughout Cheshire and as a “virtual” solicitors office clients from elsewhere in the country can be represented in the right circumstances. Clive takes a personal interest in the welfare of his clients and is approachable and sympathetic in dealing with his client’s needs.

Contact Clive Wood on 0161 480 1000 or by e-mail through our Contact Us tab above.

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