The Court of Protection and Lasting Power of Attorney

What is the role of the Court of Protection:

The Court of Protection deals with decisions or actions taken under the Mental Health Act (2005). If the Court decides that your vulnerable loved one lacks mental capacity, they can appoint a deputy to make decisions for them. The Court has the power to decide who is a suitable person to take on the role of a deputy, and look after the individual’s affairs. The deputy can deal with finances on someone’s behalf, such as managing bank accounts, paying for care fees and household bills. They can also sell a property on someone’s behalf.

The court will only appoint a deputy for an individual if it is in their best interests. There are also certain criteria that must be met by the person applying to be considered for deputyship, such as being over the age of 18 and not having a criminal record.

How Can We Help?

Here at Poole Alcock we can assist you with this process if you have found yourself in a position where you need to help with managing a loved one’s affairs. We understand that the application process can be extremely difficult and that is why we have a team of dedicated and experienced solicitors who can assist at every step of the way.

Other Powers of the Court:

The Court of Protection can also approve the creation of a Statutory Will to be made on behalf of a person who lacks the mental capacity to create a Will and does not already have one in place. In some circumstances, the Court will make alterations to an existing Will. This could happen, for example, in instances following a family death or marriage.

If you are concerned that your loved one needs to have a Will or make urgent amendments to their Will, but lacks the mental capacity to do so accordingly, we can assist with this process. We have dealt with many applications for statutory Wills and can help to alleviate some of the pressure from this stressful and complex application.

Lasting Power of Attorney:

Alternatively, it is far better to plan ahead and ensure that your loved ones are equipped to make decisions for you should you ever find yourself in a position where you are unable to act for yourself. We can assist with creating a Lasting Power of Attorney for you (LPA), which is a document you can use to appoint individuals that you would wish to handle your affairs if it were ever necessary. Creating a LPA costs a fraction of the cost of dealing with the Court of Protection, and many people find comfort in knowing that they have them in place.