Lamb & Holmes Solicitors Private Client Department are extremely professional and compassionate when dealing with matters relating to elderly and vulnerable adults.
Whether you are acting for yourself, for a friend, family member, or a loved one, our team of knowledgeable experts and qualified Solicitors, two of which are members of STEP (the Society of Trust and Estate Practitioners) will work with you and help you decide on the best solution for your individual needs.
Our Private Client Department can provide assistance when a family member is unable or finds it difficult to make their own decisions or manage their own affairs, whether due to old age, infirmity or disability. In these instances, it may be advisable to make an application to the Court of Protection to protect their interests.
As outlined in the Mental Capacity Act 2005, the Court of Protection has been set up as a specialist court that is able to make decisions on behalf of people who are unable to do so for themselves due to mental incapacity. The Court of Protection will always act in the best interests of the individual.
Ideally, we encourage people to get their affairs in order before they become incapacitated but, where this has not been possible, we can resolve the issues that people face once they are unable to manage on their own.
What is the Court of Protection?
The Court of Protection makes decisions on welfare or financial issues for people who are unable to make the decisions at the time they have to be made because they ‘lack mental capacity’.
The Court of Protection’s responsibilities include:
- Ascertaining whether a person has the mental capacity to make a decision for themselves.
- Appointing people as “deputies” to make decisions on behalf of the people who lack mental capacity.
- Giving permission for people to make one-off decisions on behalf of a person who lacks mental capacity.
- Making decisions on both Lasting Power of Attorney or Enduring Power of Attorney, this includes considering objections to their registration
Our team of experts can provide assistance with:
- Appointing a deputy through the Court of Protection
- Professional deputy services
- Welfare deputyship
- Court of Protection health and welfare disputes
- Making, registering and using a Lasting Power of Attorney
- Registering an Enduring Power of Attorney
- Statutory Wills
- Personal Injury Trusts, including those for children
Court of Protection Deputy – Appointing
A Deputy is often required to manage a vulnerable person’s property and affairs when that person has lost capacity and there is not a Power of Attorney in place. Since the vulnerable person is no longer able to appoint someone of their choice, the Court of Protection will appoint someone known as a Deputy to manage that person’s affairs. If you are considering making an application to the Court of Protection to be appointed as Deputy and there is friction amongst family members, or if you wish to object to an application for a deputyship order, it is advisable to seek legal advice before you become a party to the proceedings.