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When someone cannot manage their affairs, it can be very stressful for everyone involved. It can also make it difficult to make decisions about essential day-to-day issues about health, welfare, property and finances. Thorneycroft’s dedicated team of specialists can advise you on all legal aspects of the loss of mental capacity and the role of the Court of Protection.
We understand the challenges of loss of capacity and can offer the detailed guidance and understanding you need to safeguard your loved one’s needs.
If a loved one has already lost their mental competency, it will not be possible to obtain a Lasting Power of Attorney. In this case, you have the option to make a formal application to the Court of Protection to become their deputy. The Court of Protection is the adjudicating body that ensures the affairs of people who have lost capacity can be effectively protected and managed. A Deputy is granted authority to assist the vulnerable person under the supervision of the Court. They typically have to submit an annual report advising on any decisions made and also account for funds expended on behalf of the incapacitated individual.
There are many reasons why you may take a case to the Court of Protection. You may be concerned about someone else’s capacity to manage their affairs or worried about your own ability. Other examples are where there is a concern over mismanagement or a dispute.
Applications to the Court of Protection are often complex and time-consuming. We can assist you in following all due process, ensuring the case is completed as efficiently and swiftly as possible.
You need clear, practical support from a legal team with proven experience in dealing with the full range of issues involved in Court of Protection deputyship and applications. Dealing with the Court of Protection can be an intimidating experience, but Thorneycroft have the know-how to explain and simplify a very complex legal process. Our services include:
Court of Protection Deputyship
If you are considering applying to become a deputy, we can assist by drafting the documentation and liaising with the relevant authorities on your behalf. There are two types of deputyship you can apply for: Property and Financial Affairs Deputyship, allowing you to make decisions about collecting and managing a person’s income and Personal Welfare Deputyship, covering issues such as what medical treatment they have, where they live, who has contact with them and their day-to-day care.
Once the Deputyship Order has been granted, we can provide ongoing advice in dealing with the management of the incapacitated individual’s financial affairs. We can also support preparing annual accounts for the Court of Protection. Additionally, the Thorneycroft team have years of experience acting as professional deputies if nobody else is able to carry out this role. We guarantee a transparent, reliable service and the peace of mind that a trained legal expert will manage a loved one’s affairs.
A person making a Will must be ‘of sound mind,’ meaning a will made by someone who lacks mental capacity will not usually be valid. In this situation, where you may need to clarify what will happen to the estate, you can apply to the Court of Protection for a Statutory Will.
You will need to set out in your application how you believe the person without capacity would have wished their estate to be divided. The Court will then decide whether to grant the application, or they may choose to create a statutory Will with different terms if they believe this is a better resolution.
Our specialist Court of Protection solicitors can also advise on a wide range of other issues relating to the Mental Capacity Act 2005, such as one-off and emergency applications and helping to resolve disputes involving deputies and attorneys.
Thorneycroft recognise that acting on behalf of a vulnerable individual is a distressing situation, and we offer support coupled with clear, practical advice. We can advise you on all aspects of Court of Protection applications and acting as a Court of Protection deputy, as well as being able to act as professional deputies where required. If you are worried about protecting a loved one’s interests, don’t hesitate to get in touch with our Court of Protection solicitors for a friendly, impartial consultation.