Court of Protection
It is human nature to think “it’ll never happen to me” but it is a sad fact of life that an increasing number of us will, at some point, lose the mental capacity to make decisions about the management of our property and financial affairs or personal welfare. This may be due to illness, old age or perhaps because of an injury or a medical condition.
Many people simply do not want to consider a future in which they are no longer independent. Others might not know who to appoint as an attorney or might worry about being a burden on their family, considering it too difficult to make a decision.
The easy way to avoid your family having to make an application to the Court of Protection on your behalf is to make a Lasting Power of Attorney.
However, if you are helping someone who has now lost mental capacity and who has not made a Lasting Power of Attorney, an application to the Court of Protection will be necessary so that you have legal authority to continue to assist them.
If your partner, parent, or other close relative is losing their ability to manage their own affairs, then you may be concerned about how much you can help, particularly where financial matters are concerned.
If the person you care for has not made an Enduring or Lasting Power of Attorney, no one will be able to access their funds or make financial decisions on their behalf. This can be particularly problematic when it comes to accessing money for day-to-day living.
Our expert team can help you overcome the challenges these situations bring, providing forward planning, support, and advice on:
- Making an application to become a Deputy
- Richard Reed acting as a Deputy
- Making a Statutory Will or applying for authorisation of lifetime gifts
- Applying for replacement Trustees
Read more advice on Court of Protection through our articles linked to this important topic:
Check out what some of our past clients have to say about our Wills, Trusts, Probate & Court of Protection team and the services they provide here.