Wills & Estates
Wills & Estates

Need help dealing with the Court of Protection?

We are often asked to assist in applications to the Court of Protection when someone has lost mental capacity. Many families don’t know where to turn and we are able to explain the processes and take them through the Court application necessary to get the legal to deal with their loved ones’ financial affairs.

We have to obtain a medical certificate from the GP assessing the mental capacity of the person in need, and then someone must be appointed by the Court of Protection to look after their affairs. This process is often a long drawn out procedure (up to 6 months) and it is very costly and often very frustrating.

All this could be avoided by appointing somebody NOW in a Lasting Power of Attorney, someone who you want to look after your affairs. Otherwise the Court of Protection can have a deciding say in who deals with your finances and affairs.

The Court require this person to report annually on the financial dealings they have undertaken and because of the onerous nature of the role we are often asked to act on behalf of the family as the Court appointed deputy.

If you are concerned about an elderly relative’s mental fragility why not contact us to arrange for a mental health check, we can speak with clients and assess whether or not they have capacity to make an LPA or indeed if an application to the Court of Protection is required.

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When dealing with the loss of family members it is satisfying to know you can rely on the services of a solicitor who is empathetic, but at the same time able to impart his legal knowledge in a straight forward way.

Mr M Seddon 

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