When caring for family members and loved ones, their needs should always be prioritised. Sometimes they may no longer have the mental capacity to make important decisions about their own health, welfare or finances. If you are in need of help protecting a family member or loved one who lacks capacity, our expert Court of Protection Solicitors can help.
Book a Consultation with our Court of Protection experts
Our Court of Protection solicitors help people who lack the mental capacity to make decisions about their finances and other affairs.
Our team at Taylor Emmet is here to support you when a Court of Protection might be needed. We understand how the Court of Protection works and know how to ensure your family’s needs are protected.
We can also explain any legal issues that might arise and deal with financial aspects, such as the preparation of wills, or health, adjustments and welfare considerations. The Court will also protect vulnerable people who lack capacity from being exploited or having their rights denied.
Lack of Mental Capacity
The Court of Protection is a specifically designated court that considers the legal needs affecting people who are unable to make decisions for themselves due to their mental capacity. The Court can also decide whether a person lacks mental capacity.
Appointing a Deputy
A deputy is someone appointed by the Court of Protection to deal with the property and financial affairs of a person who lacks the mental capacity to do so themselves.
In most cases when a deputy is appointed this will either be friends or relatives of the person who has lost capacity. A professional deputy can also be appointed, being a deputy is a big responsibility and won’t be suitable for everyone, in these cases a professional deputy might be more appropriate. Our experienced team can support you in this role should you need it, and obtain Professional Deputyship orders to look after the affairs of those who cannot do so themselves.
Professional Deputy Services Supporting Other Law Firms
Only a small number of firms in the region provide Professional Deputy services and obtain Professional Deputyship orders. Taylor Emmet can support other law firms in providing professional deputy support to their clients.
What about a Lasting Power of Attorney?
A Lasting Power of Attorney will see you appoint people you trust to look after your finances, health, and welfare if you can no longer do so.
Many people have nominated who they want to make decisions on their behalf by making a Lasting Power of Attorney. If a person loses the capacity to make the decision as to who to nominate, then somebody can apply to the Court of Protection to be appointed as a Deputy to make decisions on behalf of a person who has lost capacity.
If an LPA isn’t in place, it can cause several problems. We will talk you through all the ins and outs to ensure you can make an informed decision if a Court of Protection or a Lasting Power of Attorney are right for you.
Public Sector Services
Local authorities often find themselves in the situation whereby an individual, living within their jurisdiction, lacks the mental capacity to manage their own financial affairs.
To complicate matters, these individuals often have no existing appointed attorney, or anyone able or willing to be appointed as a deputy to make decisions on their behalf. This can cause difficulties for the local authority involved and can often be a time-consuming and costly issue to remedy.
At Taylor Emmet, we have an experienced team who can apply to the Court of Protection for a professional deputy to be appointed to act on behalf of the individual lacking capacity, which enables financial decisions to be made for them.
Court of Protection FAQs
Court of Protection Disputes
When a person has lost the capacity to make decisions for themselves, those decisions can be made by others on their behalf, provided such decisions are made in their best interests.
Many people have nominated who they want to make decisions on their behalf by making a Lasting Power of Attorney. If a person loses the capacity to make the decision as to who to nominate, then somebody can apply to the Court of Protection to be appointed as a Deputy to make decisions on behalf of a person who has lost capacity.
Sometimes, however, disputes arise over who should be entitled to make such decisions, what decisions they should be allowed to make, what actions should be taken, or whether a person acting under a Lasting Power of Attorney or as a Deputy should be allowed to continue.
What happens next?
To find out more about how we can help you deal with Court of Protection issues, don’t hesitate to contact us to discuss your individual circumstances on 0114 218 4391, email our Client Services team PrivateClient.ClientServices@ or complete our online enquiry form.
More Information
Lasting Powers of Attorney – tayloremmet.co.uk
Will Writing – tayloremmet.co.uk
Trusts & Estate Planning – tayloremmet.co.uk
Court of Protection – gov.uk
Appointing a Deputy – gov.uk
