Court of Protection

If someone close to you loses mental capacity and has not made a Power of Attorney then an application will need to be made to the Court of Protection for the appointment of a Deputy.

The role of the Deputy is to manage the finances of someone who has lost mental capacity.

We can help you with:

• Completing the paperwork needed to make an application to the Court of Protection
• Assisting the Deputy with the management of the finances of the person who has lost mental capacity
• Assisting with the completion of the accounts that will need to be filed on an annual basis with the Court of Protection recording the receipts and payments made on the individual’s behalf
• Assisting with the application for a Statutory Will.  This is a Will drawn up for someone who has lost mental capacity where there is no Will in existence or where the Court determines that the Will in existence is out-of-date
• Assisting with the application to the Court for financial provision for someone other than the person who has lost mental capacity, such as a spouse or adult child

An application to the Court of Protection is needed if no valid Power of Attorney is in place.  Even where a Power of Attorney is in place, an application to the Court of Protection will be needed for any tax planning for an individual who has lost mental capacity.