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The Court of Protection deals with financial and medical issues relating to vulnerable adults if there is no Lasting Power of Attorney in place.
If you are dealing with the affairs of a loved one who no longer has mental capacity you may have to apply to the Court to become a Deputy, an application that the specialists here at Poole Alcock are on hand to support you with.
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What is the Court of Protection?
The Court of Protection is a specialist court in the UK that helps people who are in some way incapacitated. Most commonly, this occurs in circumstances where someone has lost the ability to look after their financial affairs. The court has the authority to make decisions or appoint someone to make decisions on behalf of individuals regarding their health, welfare, and financial matters.
Many people are unaware that this court exists, let alone what it can do, until they find themselves looking after a loved one who is no longer able to make decisions for themselves. In cases such as this, where there is no Lasting Power of Attorney in place, you can apply to the Court of Protection to be made a Deputy.
The Court then has the power to decide if you are suitable to take on that role and, if approved, you will have to report back to them on an annual basis to prove that you are carrying out your duties responsibly.
How can Poole Alcock support with Court of Protection?
Applying to the Court of Protection can be a complicated process. Our solicitors have years of experience in dealing with these issues and can apply on your behalf, making it much easier for you to concentrate on caring for your loved one. We can support you with:
Deputyship applications
If your loved one is unable to manage their own affairs, we can assist you in applying to become their legal Deputy. This allows you to make crucial decisions on their behalf.
Contested Deputyship and Power of Attorney cases
If there is a dispute regarding a Deputyship or power of attorney, we provide expert representation to protect your rights, and the best interests of the individual involved.
Statutory Wills
When a person lacks the mental capacity to create or amend a will, the Court of Protection can make decisions on their behalf. Our specialist solicitors can apply to the court for a statutory will, ensuring the person’s estate is managed according to their best interests.
Welfare and medical decisions
In cases where an individual cannot make decisions about their health and welfare, we can assist with applications to the Court of Protection to ensure the appropriate decisions are made regarding their care and treatment.
Deprivation of Liberty Safeguards (DoLS)
If your loved one is being deprived of their liberty due to not being able to consent to their care, we can guide you through the legal process to ensure their rights are upheld.
Ensuring you are protected
Alternatively, you may want to plan ahead so that your loved ones are already equipped to deal with these issues should they arise, by preparing a Lasting Power of Attorney. This is a faster process and is a fraction of the cost of dealing with the Court of Protection but must be put in place while you still have mental capacity.
If you would like help dealing with a loved one’s affairs or would like the peace of mind that a Lasting Power of Attorney can provide, then please contact our specialist team.
Lasting Power of Attorney Services
You must pay an application fee of £408.00 to apply to be a Deputy.
Before you can be appointed you will need to set up a security bond. This is a type of insurance that protects the finances of the person you are a Deputy for.
The amount you will pay will depend on the value of the estate of the person you’re applying for and how much of their estate you control. Therefore, the greater the value of their estate and the more assets within it that you control, the greater the security bond may be. The bond can be paid either by yourself or using the person’s money that you are applying to be a Deputy for.
After you’ve been appointed you will have to pay a supervision fee every year. There are two types of supervision fee but in most cases, this will be £320.00 for general supervision.
In order to apply to become a property and financial affairs Deputy you must complete a number of forms. These include:
You must also inform the person for whom you wish to gain Deputyship over to provide them with notice that an application form will be issued, alongside an acknowledgement form for them to complete should they so wish.
Furthermore, you will also be required to inform at least three people who know the person you’re applying to be a Deputy for about your application. For example, the person’s relatives or close friends. They will need to be provided with acknowledgement forms to complete, which will confirm that they are happy for you to proceed with the application.
Once you have completed all relevant forms, you can then submit your application either online or by post.
An individual can apply to be a Deputy if they are 18 or over. Deputies are typically close relatives or friends of the person who needs help to make certain decisions; however, some individuals are paid to act as Deputies, such as solicitors or representatives from the local authority.
If you are applying to be a property and financial affairs Deputy, you will need to ensure that you have the skills to make financial decisions for someone else.
A Deputy is the person or persons appointed by the Court who has the ability to make decisions on behalf of the individual who has lost capacity.
For example, a property and financial affairs Deputy will carry out tasks such as paying the person’s bills or organising their savings and investments.
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