Court of protection
The Court of Protection protects vulnerable people who no longer have the capacity to make decisions themselves.
Our expert team deals with the Court of Protection regularly. We know its procedures and can advise you on all the legal aspects of incapacity – whether you are in a vulnerable position yourself or acting as a deputy or an attorney.
How we can help
The Court of Protection makes decisions for people who lack the mental capacity to manage their own affairs. It is where powers of attorney are registered, wills of incapacitated people authorised, and where those who look after the vulnerable apply to become deputies.
Our dedicated Court of Protection solicitors will carry out a full review of the vulnerable person’s circumstances and then propose the best course of action for them. Our review considers the tax position, care fees, trusteeships and implications for jointly held property.
We also help attorneys and deputies. This includes offering general advice about fulfilling the role, as well as specific advice about caring for the vulnerable at home, moving them to residential care, dealing with tax returns, receiving benefits, managing finances and completing the annual report that deputies have to submit.
Our team will do all we can to make your life simpler. We explain options clearly, and if your application to the Court of Protection is contested, we aim to reach an early settlement.
Several of our partners as well as our trust corporation are court appointed deputies; we therefore have a wealth of experience. We can also put you in touch with fellow professionals who offer financial advice and other specialised services.
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Our experience
Representing a party in a heavily contested and complex Children Act proceedings requiring a challenge of expert evidence and reports.
Acting for a party in respect of complex financial remedy proceedings after a long marriage where there were high value personal and company assets requiring expert valuation; and where two interveners (an individual and a company) were required to be joined.
Instructed on behalf of a business man in respect of injunction proceedings with the family and criminal court, financial provision claim, child maintenance tribunal and possession proceedings. All applications arose from a relationship with former partner.
Advised on the termination of a life interest trust where the life tenant lacked capacity and which required an application to the Court of Protection.
How we made a difference
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If you have a question or need advice, please let us know how we can help.
