Court of Protection Haverfordwest

Redkite solicitors have a team of experts with vast experience in helping and supporting people who are unable to do so on their own; managing their overall well-being, their welfare, safety, properties and finances on behalf of their loved ones. An illness or injury can lead to the inability to make their own decisions. This is legally termed ‘mental capacity’.

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The loss of mental capacity may occur suddenly, such as a head injury or gradually as with dementia. If a person’s mental capacity is in doubt then an appeal to the Court of Protection should be made. The Court of Protection will assess the person in question and make a decision as to whether they are capable of making a specific decision. If an individual fails to prove so immediately, then a one-off order may be required.  However, if it is decided that the individual does not have the ability to make a variety of decisions for the foreseeable future then a Deputy will be appointed.

For further information on how Redkite solicitors can help you call 01437 763 332 or complete our online enquiry form.

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The Redkite Solicitors Court of Protection Service

Seeking appropriate early advice and guidance from Redkite’s Court of Protection solicitors is extremely important. Application forms to the Court of Protection have to be completed correctly to obtain Deputyship in a timely manner. Our experienced solicitors will be on hand from the pre-application meeting to the post-order meeting.

Examples of When to Apply to the Court of Protection

Brain injuries may result in loss of mental capacity. Sometimes these injuries can be temporary as with a quick recovery in the case of a stroke. Unfortunately, events as with more serious  head injuries can have a permanent effect on mental capacity. In both instances, an application to the Court of Protection allows the appointed Deputy to make  the appropriate decisions on behalf of the individual. This ensures their financial and health issues are well looked after for the duration of the lack of mental capacity.

With healthcare advances and improved quality of life, many people’s life expectancy is getting longer.  Although this is regarded as good, this does result in an ageing population and an increase in associated brain diseases, such as Alzheimer’s or dementia.  Although individuals may maintain mental capacity to live with these conditions their ability to make rational decisions can diminish over time. If the individual has not put in place a Lasting Power of Attorney before the loss of mental capacity, relatives will have to apply to the Deputyship Court of Protection

Older parents with children or adult offspring that lack capacity due to learning disability or brain injury may also need to apply to the Court Of Protection. It provides peace of mind and ensures the best interests of the adult or child are put first when the parents are no longer around to do so.

The Role of a Solicitor

It can be overwhelming to make an application before the Court of Protection. A solicitor supports clients in making the correct application. Some clients may choose to be appointed Deputy; some may choose to have a professional Deputy such as their solicitor

Clients may benefit from a Court of Protection solicitor’s professional guidance when submitting a claim to the Court of Protection. The knowledge and experience of our specialists will be helpful in guiding clients through the application process. A skilled solicitor will also take the time to understand the specific context, needs and interests of each individual, and to advise them appropriately. An initial consultation will support the individual in giving full consideration to which powers are being pursued and which decisions the person lacks the mental capacity to make.

Redkite Solicitors can advise and act for clients on the following matters:

  • Deputy assistance and advice
  • Deputyship disputes
  • General and Lasting Powers of Attorney
  • Wills and Codicils
  • Tax and Trusts
  • Personal Injury Claims (where a person has lost mental capacity through an accident.)

Becoming an appointed Deputy is a role that is regarded with the utmost respect by Redkite Court of Protection solicitors. The best interests of the client are always of paramount importance whenever a decision is to be made.

To ensure the protection of the interests of a loved one, please contact Redkite’s Court of Protection solicitors today. Call 01437 763 332 or complete our online enquiry form.

FAQs

What is mental capacity?

A

If they are able to retain and analyse the relevant facts and make an informed and independent decision, an individual is considered to have mental capacity.

What is a Deputy?

A

A Deputy is a person appointed to act in the best interests of a vulnerable person by the Court of Protection. This means the Deputy handles the welfare financial security and healthcare of the individual. Based on where an individual has mental capacity and where they do not, a Deputy can only make decisions in certain aspects of the life of the person. In other situations a Deputy can make decisions in all aspects of the person's life. The Court of Protection must decide to what degree somebody's rights are protected by the Deputy.

What and Where is the Court of Protection?

A

The Court of Protection is based in London. Upon request it decides whether an individual has the mental capacity to make specific decisions about themselves. Where the Court determines a person is lacking mental capacity it can then:

-appoint Deputies to make decisions for people who lack mental capacity in specific or all areas of their lives e.g. financial, property, well being

-give permission to make a one-off decision for someone who may temporarily lack mental capacity

- process emergency applications where urgent decisions on behalf of someone with no mental capacity is needed

- decide whether to issue a lasting power of attorney or an enduring power of attorney, and give due consideration to any objections

-consider applications to make statutory wills or gifts

-decide when someone can be detained under the Mental Capacity Act.

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