The Court of Protection exists to protect the property and financial affairs of people who lack mental capacity and to make decisions relating to their welfare.

Should someone become mentally incapable of handling their own affairs, they will usually be incapable of delegating those responsibilities by way of Lasting Power of Attorney as, when setting up a Lasting Power of Attorney it is necessary for it to be signed by someone (a Certificate Provider) who can confirm that the maker of it understands what it means and the effect of signing it. Accordingly, if there is no valid Enduring Power of Attorney or Lasting Power of Attorney already in place, it may be necessary to apply to the Court of Protection to ensure a family member or friend or professional adviser is appointed as Deputy and thereby able to deal with the affairs of the incapable person.

We can offer advice and assistance with the legal steps you need to take – we can help complete the forms to make an application to be appointed Deputy and we can offer guidance on the role of a Deputy.

In certain circumstances we can also act as a Deputy ourselves and take full responsibility for the financial affairs of the individual thereby assuring that all their needs are met and giving you reassurance.

We can also assist with any other applications to the Court of Protection where a particular decision or outcome is required on behalf of a person without capacity e.g. an application to sign a statutory Will.

For advice on Deputyships & Court of Protection please contact:

Ian Shipton on 01934 637 904 e-mail shipton@powellslaw.com, or
Jenny Brading on 01934 637 931 e-mail brading@powellslaw.com.