Applying to the Court of Protection

There may be a time when you know someone who can no longer make certain decisions for themselves. This person could be a client, a friend, or even a loved one. The cause for someone to lose their mental capacity can vary but often comes down to old age, illness, or injury. 

Someone that no longer has the mental capacity to make important decisions regarding their own affairs may require help through some form of legal authority. However, without a legal document, this person may be unable to get the support they need. People will often create and register a Lasting Powers of Attorney (LPAs) to prevent complications like this from ever happening. An LPA registered through The Office of the Public Guardian is legally binding. It provides legal authority for an individual (or individuals) to make important decisions on behalf of someone that has lost mental capacity. 

If an LPA is absent, there may be no alternative but to apply to the Court of Protection for a Judge to grant legal authority through a court order. If granted, the court will appoint a deputy to make all the necessary decisions for the individual that lacks mental capacity. 

Our team of experienced solicitors can assist you in applying to the Court of Protection and help you with the complex process. It is essential to act quickly as possible to ensure the individual has the help they need to manage their affairs. Applications, on average, can take between nine and twelve months but can be fast-tracked for urgent cases. 

With Court of Protection applications, we sometimes see disputes arise between families and loved ones. Everyone involved will want the best for that person but can't always agree on how. In these circumstances, our team can provide advice, guidance, and help to resolve any disputes to achieve a fast resolution.

Our Private Client team is here to help and support you. Our skilled legal team can assist you with the following:

• Advise and assist with Court of Protection applications
• Offer practical and helpful information on the process involved
• Provide information and advice concerning the legal duties of an appointed attorney or deputy
• Support you with other legal services, such as drafting wills, trusts, inheritance tax planning, and property ownership.

Speak to our Court of Protection specialists today

If you want to know more about The Court of Protection application or the process involved, please get in touch. You can book an appointment by phoning 01329 222075 or emailing privateclientenquiry@warnergoodman.co.uk.