The Court of Protection deals with the property, financial affairs and personal welfare of people who lack the mental capacity to take those decisions themselves.
We can assist you with all types of applications to the Court of Protection.
If a person lacks capacity to make a Lasting Power of Attorney (LPA) or to manage their affairs then an application can be made to the Court of Protection for someone to be appointed to act on their behalf.. As with an LPA there are two types of Deputy – Personal Welfare and Property and Financial Affairs. However unlike like an attorney acting under an LPA a deputy must submit an annual report to the Office of the Public Guardian explaining the decisions taken in the past year.
One off Decisions
If you wish to obtain authority to make a decision for a person who lacks capacity you can apply to the Court of Protection for a one off order. This could include making a gift to reduce their inheritance tax liability, requesting payment for family care or authorising particular medical treatment.
Trustee Act Applications
If a property is jointly owned and one owner lacks capacity to participate in a sale and does not have an LPA, an application may need to be made for them to be replaced as a trustee so that the property can be sold. This would not affect their beneficial entitlement.
If a person does not have the mental capacity to make a Will and you do not consider that it is in their best interests for the estate to be distributed under their existing Will or the intestacy provisions, you can apply to the Court of Protection for a statutory Will to be made on their behalf.