What is Court of Protection?
The Court of Protection assist peoples who can’t make decision at the time they need to be made (they ‘lack capacity’). These decisions can relate to a person’s property and finances or their health and welfare. The Court will usually appoint a suitable person (known as a ‘Deputy’) to make decisions in line with the Court of Protection’s rules and guidance.
What is a Capacity Assessment?
A capacity assessment is an informal assessment – usually in the form of an extended conversation – undertaken by a suitably qualified independent professional. It assists the Court in understanding what decisions a person can make, what decisions they can’t make, and what decisions they need to be supported with.
What are the outcomes of a Capacity Assessment?
There can be many outcomes for a capacity assessment, but the key conclusion will be whether a Deputy is required, or if alternative routes to support the person can be considered.
Do I need to make an appointment for you to meet the person who may lack capacity?
Yes, usually. It is important for one of our Solicitors to meet with the person to better understand what their level of capacity may be, and whether a Court of Protection application is the most appropriate route.
How do I gain access to the finances of my loved one who is incapacitated?
If the person has not previously created a Lasting Power of Attorney and it is confirmed that they lack capacity, then the only option is a Court of Protection application to have someone suitable appointed as Deputy.
What authority do I need to be able to make Health and Welfare decisions on behalf of my love one who is incapacitated?
The Court of Protection also deals with Health and Welfare matters. The Court can choose to appoint someone specific as a Health and Welfare deputy, or can make decisions on a one-off basis. Both involve an application to the Court in order to gain the correct authority.
We are delighted to offer a wealth of experience to our clients when it comes to this type of service. Whether it is Court of Protection deputyships or Lasting Powers of Attorney, we can provide advice as to the best way to help if a loved one, friend or family members lacks capacity.
We act as the Professional Deputy in many cases meaning that we help the person with no or limited capacity to ensure all their needs are met, so that their bills are paid and they are cared for with the utmost dignity.
We work closely with our Medical Negligence and Personal Injury teams to ensure that all our clients achieve the very best outcome from what can often be the most difficult of circumstances.
If you have any concerns over someone’s ability to make decisions then we can offer all the help and guidance you need in getting the right outcome for them.
Our meetings often involve a visit to see the person, no matter the environment, or at one of our branches – whichever is the most convenient to you.
Our Court of Protection team’s services include: Professional deputy applications, Lay deputy applications, Personal Injury Trusts, Lasting Powers of Attorney, Personal Injury Trusts and Welfare Benefits advice.
Our dedicated Court of Protection team is here to guide you and offers Clear, Precise Advice. Call us on 01772 555 176
Meet our team of experts
Frequently asked questions
Court of Protection Client Reviews
Clear Advice Feels Better
Perfect Experience
Our experience was just perfect. A good listener, knows her products well, willing to advise, confident yet modest. An asset to the team.
Clear Advice Feels Better
After reviewing one of our Court of Protection clients welfare benefit payments we have secured a back dated payment of £22,000 from Aug 2021, monthly income from £0 – £1,502. Together with a previously secured ESA payment of £16,901.30 our client has received a total of £39.216.30 which he did not realise he was entitled to without the support of his Deputy Oliver Banks and his amazing team.
Commended for their expertise
I initially spoke to Mary in Garstang Office to enquire about setting up a Power of Attorney, Mary was polite and explained in detail what was required.
I next spoke to Lisa who gathered all of the personal information required to draw up the POA and this was followed up by a home visit from Mary for my part to be signed. This was very much appreciated as a disabled, elderly person.
These two young ladies are to be commended for their expertise and the respect shown to me.
Perfect Experience
Our experience was just perfect. A good listener, knows her products well, willing to advise, confident yet modest. An asset to the team.
Clear Advice Feels Better
After reviewing one of our Court of Protection clients welfare benefit payments we have secured a back dated payment of £22,000 from Aug 2021, monthly income from £0 – £1,502. Together with a previously secured ESA payment of £16,901.30 our client has received a total of £39.216.30 which he did not realise he was entitled to without the support of his Deputy Oliver Banks and his amazing team.
Commended for their expertise
I initially spoke to Mary in Garstang Office to enquire about setting up a Power of Attorney, Mary was polite and explained in detail what was required.
I next spoke to Lisa who gathered all of the personal information required to draw up the POA and this was followed up by a home visit from Mary for my part to be signed. This was very much appreciated as a disabled, elderly person.
These two young ladies are to be commended for their expertise and the respect shown to me.