Court of Protection

There may be times in our lives when someone close to us is unable to manage their financial affairs due to mental incapacity caused by, for example, illness or perhaps through an accident.  Unfortunately, without some form of legal authority, nobody is able to step in and assist with the management of another person's affairs.  If there is an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) that the incapacitated person had signed whilst they were mentally capable, this provides the necessary authority to the person or people they have appointed in the document.  However, if there is no EPA, an application to the Court of Protection may be the only option for someone who wishes to have the authority of managing another's affairs.

The Court of Protection is a Court specifically set up to authorise someone known as a Receiver to deal with the affairs of someone else who has become mentally incapable of managing their own affairs.

Tollers Solicitors have an experienced team who are able to:

• Guide you through the application process.
• Deal with the on-going administrative matters required by the Public Guardianship Office, such as the preparation of yearly accounts.
• Consider the use of a "Statutory Will" for the incapacitated person. If a person is incapable of making a Will due to mental incapacity, it is possible for a Will to be made on their behalf, which makes such provision as the person would have made, had he or she been capable. Such Wills must be authorised by the Court of Protection and must comply with their requirements. This may also be a useful way of mitigating tax on behalf of the incapacitated person. Requests can also be made to the Court of Protection for gifts / loans to be made by the incapacitated person for the same reasons.

If you think our dedicated team can assist in any of the above matters, please do not hesitate to contact us.