Court of Protection

Many of us take for granted the ability to look after our personal affairs ourselves, but sadly there are times when this is just not possible due to a lack of mental capacity. This may be because of difficulties arising at birth, following a serious accident, or with the onset of conditions such as Alzheimers or dementia. When faced with this situation, where no appropriate power of attorney is in place, it may be necessary to apply to the Court of Protection to appoint a deputy to manage that person’s affairs.

The sole function of the Court of Protection is to look after and manage the affairs of those unable to do so for themselves where no attorney has been appointed. Burley Geach can provide the expertise and understanding to help ensure that the necessary application process goes as smoothly as possible to avoid adding to your upset and stress during a difficult time.

There are two types of application for the appointment of a deputy that can be made:–

Deputy for Property and Financial Affairs

Most applications to the Court of Protection for deputyship orders relate to property and financial affairs. The person appointed is known as a deputy and as their authority derives from the court they are supervised by the court. To ensure that the affairs are managed properly a deputy will be required to produce annual accounts and may well be subject to a supervision visit by a Court of Protection officer.

Deputy for Health and Welfare

A deputy can also be appointed to deal with health and welfare matters. Such applications to the court are not particularly common and are usually only considered in cases of urgent or immediate need.

The Court of Protection will also become involved in other matters when they arise, which may include disputes, the management of personal injury awards, the making of gifts to family and friends, the making of a will or the management of a business.

All these are important areas for consideration and it is important to seek clear and impartial advice. Our team of experts have many years of experience in this area and includes both Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly accredited members. Please contact one our specialist advisers to discuss your particular situation.