The Court of Protection exists to protect the interests of those who are no longer able to manage their own affairs. It has the power to make decisions for people in respect of their health, welfare, money and property. The court can also appoint a deputy to act on behalf of someone who does not have the capacity to deal with matters themselves.

Sympathetic and understanding legal advice

We understand how painful it is when a loved one reaches the point when they can no longer cope with everyday life without assistance. Our experienced team will act on your behalf to help put the right framework in place to allow you to manage your relative’s affairs.

We always aim to provide peace of mind and clear, pragmatic guidance in what can be a very difficult and upsetting situation. Our lawyers will always take the time to talk through everything with you, answering questions and explaining the process until they are sure that you are happy. Our goal is to make things as easy as possible for you and your loved one, so that you can face the future knowing they will have security and the care they need.

Dealing with the affairs of someone who has lost capacity

When someone loses the ability to manage their own affairs and they have not put a Lasting Power of Attorney in place, no-one else has the right to deal with matters on their behalf without consent. This means that family members will need to make an application to the Court of Protection for someone to be appointed as a deputy if they wish to help with future care, financial and administration matters.

The Blaser Mills Law team helps the families of those who have lost capacity to go through the required legal process, so that they can continue to care for their relative.

The application requires the submission of four or five detailed forms together with a doctor’s certificate and application fee. The court can take a considerable time to consider the papers, during which the person who has lost capacity may be left in limbo, with no-one to manage their funds or arrange for payment of bills.

When a deputy is appointed, the court will set out the scope of their authority to act. This may include property and financial authority and/or personal welfare authority. The latter allows the deputy to made decisions about personal care and medical treatment.

The court will remain involved to oversee the deputy’s activities and every year the deputy will be required to submit an annual report to the Office of the Public Guardian detailing the decisions they have made.

If disputes arise over the care or financial matters of a Court of Protection patient, the court can step in to make a decision.

Statutory will

If someone has lost capacity and has not yet made a Will, then the Court of Protection can make a statutory Will on their behalf. The family of the person concerned can make the application on their behalf. The application requires extensive details, including a draft of the proposed new Will, an explanation for its terms, details of family members, lists of assets, copies of any existing Wills or Lasting Powers of Attorney and financial and other details.

The court will contact any beneficiaries who may lose out if the new Will is made and they have the opportunity to oppose the application.

Lasting power of attorney

If someone has made a Lasting Power of Attorney before they lose capacity, then the process is much simpler. The document will name the attorney that they want to deal with their affairs, either property and financial affairs or health and wellbeing matters, and this person can step in straight away to help.

It is widely recommended that both a Lasting Power of Attorney and a valid, up to date Will should be in place for everyone to avoid the complicated process of involving the Court of Protection. Our team is happy to talk the process through with you and answer any questions you may have.

Contact us

We have wide experience in Court of Protection work and helping the families of those who are no longer able to manage their own affairs. We understand the importance of putting the right planning in place for the future. Our team of lawyers are Court of Protection experts and work with you to find the best solutions for you and their family.

To speak to our Wills, Trusts and Probate solicitors about making an application to the Court of Probate or executing a Lasting Power of Attorney, contact Karen Woodison on +44 (0) 1494 478 613, email klw@blasermills.co.uk or fill in our contact form.