Court of Protection Services

 

Court of Protection solicitors

Sadly, with an increasingly elderly population, cases of loved ones suffering debilitating mental impairments such as dementia are on the increase.

For those close relatives left to cope, it can be a difficult and traumatic time. However, dealing with the situation will at least be easier if an enduring or lasting power of attorney was set up before it was too late.

Sometimes, there is no such provision, and it’s up to the close relatives to make hasty arrangements with the Court of Protection, which will decide on behalf of the individual who no longer has the capacity to do so.

The Court of Protection might appoint a deputy to take over the person’s property and financial affairs or agree to the sale of a property.

Our private client services team at Ross Coates Solicitors offers a wide range of assistance with the Court of Protection process, including:

  • Applications to appoint a deputy
  • Statutory will
  • Replacement of trustees
  • Contested lasting power of attorney registrations
  • Fast track applications
  • Health and welfare applications
  • Contested Court of Protection applications

If you would like advice on any of these services or any legal issue associated with a loved one’s incapacity, then please contact Stephen Broughton on 01473 621809 or email stephen.broughton@rosscoates.co.uk

 

What is the Court of Protection?

Created under the Mental Capacity Act 2005, the Court of Protection is a superior court of record. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves, and who had not previously appointed an enduring or lasting power of attorney.

The court is in London, with most cases heard by district judges and a senior judge. Occasionally, High Court judges may hear cases.