Court of Protection

When someone close to you loses the ability to look after their affairs and make decisions for themselves, we understand that this can be an emotional and difficult time. Our supportive and specialist team can offer you guidance throughout this process.

If an individual’s mental health has deteriorated to such an extent that they are unable to give instructions for a Lasting Power of Attorney, you may have to consider making an application to the Court of Protection to request the necessary legal authority to assist them in managing their affairs.

The Court of Protection can appoint a Deputy for that individual. A Deputy is a person that will make decisions when an individual ‘lacks mental capacity’. This means when an individual cannot make decisions for themselves at the time it needs to be made. A Deputy is usually a friend or relative of the person who lacks capacity, but in some circumstances could be a professional, such as a Solicitor.

A Deputy can make decisions such as paying utility bills, dealing with bank or building societies or even a sale of property. A Deputy must always act in an individual’s ‘best interests’.

Deputyship

We understand that the process of applying for a Deputyship appointment can at times be confusing, burdensome, and upsetting. Our expert team of Court of Protection and Deputyship Solicitors can assist you with Deputyship applications and the ongoing responsibilities once a Deputyship appointment has been made. Our team will ensure that you are provided with clear, straightforward, and supportive advice throughout.

Not only can we help with a Property and Financial Deputyship, in certain circumstances, a Health and Welfare Deputyship may be appropriate. This involves a rigorous application process to the Court of Protection and is designed to ensure that decisions regarding the individuals health and welfare are made in their best interests. We have an experienced and knowledgeable team that will be able to assist you throughout this Court of Protection process.

In addition, where family members or friends find themselves unable to act as Deputy in such matters, we can offer a Professional Deputyship Appointment and administration service so that the ongoing administration of the incapable party’s finances is dealt with by our specialist team.

Statutory Wills and Gifts

Using their extensive expertise, the team can assist you with an application to the Court of Protection for a Statutory Will. Where an individual lacks capacity and it is in their best interests to make or amend their Will, an application will need to be made to the Court. Determining when a Statutory Will is necessary can be a complicated and sensitive process and our team will work closely with you during this time.

An appointed Deputy cannot give away substantial sums of money on the person’s behalf and an application to the Court will need to be made, for them to approve a gift. We can provide advice and assistance to both Deputies and Attorneys on these types of applications. Understanding how gifts by a Deputy works can be quite overwhelming, and our skilled Solicitors will advise and assist you through every stage of the Court of Protection process.

Contentious applications

Unfortunately, some Deputyship applications are contested. Our team here at Ellisons can help assist in both contested applications and contesting an application. Most Deputyship applications are uncontested and not challenged by others. Some are objected for various reasons, ranging from complex family dynamics to disagreements surrounding the individual’s mental capacity. You may not agree that the proposed Deputy is a suitable person to act for that individual and may consider an objection.

Alternatively, you may feel it necessary to challenge the appointment of an Attorney or object to a Lasting Power of Attorney. We can deal with all types of disputed Lasting Powers or Attorney.

If you are considering any of the above, then please do get in touch with our specialist team who can take the stress out of what can be a very daunting process.

How we can help?

Our expert team of Court of Protection and Deputyship Solicitors know firsthand the challenges these situations can bring. We have a wealth of experience of obtaining Deputyship orders and assisting with Court of Protection procedures. We take pride in being a team committed to safeguarding the rights and well-being of vulnerable individuals who can sadly no longer make decisions themselves and supporting their family and close friends.

You can arrange to meet our team at any one of our offices in Colchester, Chelmsford, Ipswich, Bury St Edmunds or Frinton-on-Sea.