Court of Protection
Court of Protection
The Court of Protection deals with cases involving vulnerable adults who may have lost the mental capacity required to make certain decisions about their finances, health or welfare. For example, because they might have suffered a brain injury, have a learning disability or advanced dementia.
When someone loses their capacity it can be very distressing for both them and their family. Sometimes the situation becomes even more difficult due to disagreements arising about what decisions should be made in the best interests of the person affected. In these cases, obtaining clear advice and a timely resolution is vital.
We appreciate the impact which a loss of capacity can have on individuals and their families. Our team of specialist lawyers provides sympathetic support and advice to deputies, families, attorneys and vulnerable adults on Court of Protection applications including:
- Disputes about the appointment of attorneys and deputies
- Obtaining statutory wills and trusts
- Disputes between attorneys
- Challenging the validity of an Enduring or Lasting Power of Attorney
- Challenging the costs or conduct of a deputy or attorney
- Seeking the court’s guidance on specific issues, for example, making gifts, transferring assets, approving an attorney’s expenditure and making other key decisions on behalf of the vulnerable person.
If you would like a free, no obligation, 30 minute telephone consultation about a Court of Protection matter, please contact us.
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When financial, health or welfare decisions need to be made in relation to adults who may lack capacity, applications can be made to the Court of Protection. There has been a record increase in the number of applications which the Court of Protection has recently dealt with.
Sometimes wills have to be prepared whilst someone is suffering from ill health or during the last stage of their life. In these circumstances it is critical to ensure that the person making the will (known as the testator) is able to satisfy the legal requirements to do so.