Court of Protection
At Redkite Solicitors we have a specialist team with decades of experience in helping to manage the health, welfare, property and finances of people who are unable to do so for themselves. We are also able to help friends and relatives obtain the ability to do this on behalf of their loved ones.
When someone lacks the mental capacity to look after their own affairs an application must be made to the Court of Protection to have a Deputy appointed. That Deputy can then run the affairs of the person who lacks capacity to ensure their health and welfare, property and finances, are all protected.
When it comes to important life-changing decisions on who will take care of your loved ones wellbeing and finances, obtaining quality legal advice from an expert solicitor is absolutely essential. When you instruct a member of our team, you will benefit from the expertise that each has developed through their vast experience in this area of law. In addition, you will receive the utmost dedication and care throughout the process, allowing you to feel comfortable as we listen to your concerns in full.
Why choose Redkite Solicitors if you need to apply to the Court of Protection?
With decades of experience in obtaining Court of Protection Orders, and in acting as a Deputy to protect the interests of vulnerable people, our specialist team are here to help you if you have:-
- A loved one who has suffered an injury and lost mental capacity as a result. This can apply where they have suffered a brain injury – such as in an accident – and will never recover their capacity, but it can also apply in the shorter term, such as if you have a relative who has suffered a stroke but may recover. The Court of Protection can help you to take care of their wellbeing and finances over a specific period, until they are able to make decisions for themselves again, if ever;
- A loved one who is elderly, has Alzheimer’s or Dementia and has sadly lost the ability to take care of themselves but who did not put a Lasting Power of Attorney into place before their capacity diminished;
- A child who lacks capacity who will need taking care of after when you have gone
How will Redkite Solicitors help you?
Our Court of Protection solicitors offer a complete service, both pre and post court order and have extensive experience in dealing with the following matters:
- Deputy assistance & advice
- Deputyship disputes
- General powers of Attorney
- Lasting Powers of Attorney
- Wills & Codicils
- Tax and Trusts
- Personal Injury Claims (in cases where a person has lost mental capacity through an accident.)
Our expert Court of Protection Team can help you with benefits, carers, housing, care home fees, rehabilitation, all of the things that need to be considered for a person who is unable to sort things like these out for themselves. We have even been known to help a client choose new carpets, book holidays and buy their clothes.
Being a Deputy is a job we take incredibly seriously. We understand that to be appointed as a Deputy means that protecting our clients’ best interests becomes foremost in our minds and we act accordingly.
With offices on high streets across Brecon, Cardiff, Carmarthenshire, Gloucestershire, Ledbury, Pembrokeshire and Swansea we are an easily accessible, homegrown firm. Our Court of Protection solicitors endeavour to be available as and when you need us because we know that sometimes it just can’t wait.
Court of Protection FAQ
What is mental capacity?
A person has mental capacity when they can analyse and retain enough information in order to make an informed decision for themselves. A person may lack the capacity to make very complicated decisions, such as whether to invest their life savings into a new business venture, but still has sufficient capacity to make simple choices such as what to wear or what to eat.
What is a Deputy?
A Deputy is a person who is willing to act in the best interests of a vulnerable person to ensure their long term wellbeing and financial security. A Deputy may, in some circumstances, gain control over everything to do with the person who has lost capacity, such as their health, wellbeing, finances etc. In other cases a Deputy may be appointed to act only in certain circumstances on behalf of a vulnerable person such as only on decisions about spending large amounts of money.
What is the Court of Protection?
The Court of Protection is a Court in London which make decisions on financial or welfare matters for people who are not able to make these kinds of decisions themselves because hey ‘lack mental capacity’ for some reason. The Court of Protection is responsible for:-
- deciding whether someone has the mental capacity to make a particular decision for themselves;
- appointing deputies to make ongoing decisions for people who lack mental capacity;
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity;
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay;
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration;
- considering applications to make statutory wills or gifts;
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.
What is the Office of the Public Guardian?
The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as about their health and finance.
How do I apply to the Court of Protection?
To make an application to the Court of Protection on behalf of a loved one, you must complete certain forms that confirm to the Court that the person is no longer able to make decisions for themselves. Before making the application, you will need to consider exactly what powers you will need and which decisions you believe you should be responsible for.
Gaining advice at this stage will make all the difference, especially if you are new to the process. The application forms can be complicated, but filling them out correctly is imperative in gaining Deputyship status as soon as possible. Our dedicated Court of Protection solicitors are at hand to provide you with personally tailored advice regarding your position, as well as thorough assistance to ensure the process is carried out to precision.
For specialist advice on how to protect the lasting interests of yourself or a loved one, get in touch with our Court of Protection solicitors today.