Court of Protection
You may have a situation where a loved one is unable to undertake decision making due to mental incapacity caused by illness, old age or even an accident. Unfortunately, without some form of legal authority, nobody is able to undertake and assist with the management of another person's affairs.
The person losing capacity may have already created a Power of Attorney document such as an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) and as long as this document is registered with The Office of Public Guardian (OPG) the person(s) appointed this document will have the legal standing to manage their affairs.
However, if your loved one has not created a document or that the document now is no longer calidm then an application to the Court of Protection may be the only option for you to have the authority you require.
The Court of Protection is a court specifically set up to give directions and orders for third parties to undertake specific actions or decisions for a person who has lost capacity and who are unable to make those decisions for themselves. The Court of Protection covers both financial decision making and also health and welfare.
Tollers' Elderly and Vulnerable Client Unit is staffed with experienced and specialist lawyers offering support, advice and guidance to those who find themselves in this difficult situation. Our team comprises members of STEP and SFE who are able to:
- Guide you through the application process
- Assist you with the completion of the court forms
- Offer advice and guidance to all aspects of how the Court of Protection works
- Assist in the transfer of your matter from The Court of Protection to the OPG
- Assist in on-going administration and supervision required by the OPG
- Support you with any further applications to The Court of Protection that may be required such as a sale/purchase of property, inheritance planning or gifting applications or the creation of a Statutory Will
At times things may become contentious due to family disputes and if this situation arises our team is there to give practical advice and guide you through the court process.