Court of Protection Ledbury

Redkite solicitors have a team of experts with experience in helping and supporting clients who cannot handle their overall well-being on their own; their health, safety, property and finances, on behalf of their loved ones. Illness or injury can lead to an inability to make decisions of their own. This is legally referred to as ‘mental capacity’.

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There may be a sudden loss of mental capacity, such as a head injury or a gradual loss arising due to dementia. If the mental capacity of a person is in doubt, an appeal should be filed with the Court of Protection. The Court of Protection must assess the person and decide whether he or she is able to make a specific decision; if the individual fails to do so immediately, a one-off order may be required.  Furthermore, if it is determined that the person does not have the capacity to make a multitude of decisions in the foreseeable future, a deputy will be appointed.

For further information on ways we can help you, call 01531 632 226 or complete our online enquiry form.

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Redkite have provided assistance through several particularly difficult issues. Their advice has been professional, thorough and specifically tailoured to the needs of our business. The staff are approachable, knowledgeable and realistic in the advice they provide.

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I have to say that everyone I have come into contact with from the receptionists to the solicitors have always been excellent. The advice I have been given formally and informally has always been clear and concise which is always a weight off your mind when you are dealing with the affairs of your loved ones.

The Redkite Solicitors Court of Protection Service

Seeking early advice and guidance from Redkite’s Court of Protection is extremely important. Applications to the Court of Protection must be made correctly in order to receive a Deputyship within a reasonable time scale. The specialists at the Redkite Solicitors provide a complete service. Our experienced solicitors will be accessible 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 a loss of mental capacity. Sometimes this can be temporary much like a quick recovery in the case of a stroke. Unfortunately, incidents such as serious head injuries can have a lasting effect on a persons mental capacity. In both cases, an application to the Court of Protection requires the appointed Deputy to make decisions on taking care of financial and health issues, as long as there is a lack of mental capability.

Through increasing advancements in health care and improved quality of life, the life expectancy of many people is getting longer. Although good, this results 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 under such conditions, their ability to make rational decisions often diminishes over time. If a person has not been identified in the Lasting Power of Attorney, before the loss of mental capacity, then the family will have to refer the matter to the Deputyship Court of Protection.

Older parents with children that lose ability due to learning disabilities or brain injury, may also have to refer to the Court of Protection. This offers peace of mind and guarantees that the best interests of an adult or a child are put first when the parents are no longer there to do so.

The Role of a Solicitor

It may feel quite daunting to make an application before the Court of Protection. A Redkite specialist solicitor can assist clients in making the correct application. Many clients may choose to be appointed Deputy, many may choose to appoint a qualified Deputy, such as their solicitor.

Clients can benefit from a Court of Protection solicitor’s professional guidance when bringing a claim to the Court of Protection. The knowledge and experience of our professionals will help guide each client through the application process. A professional solicitor will always take the time to understand and provide effective guidance on the particular context, wishes and desires of each individual. An initial consultation will benefit the patient in giving full consideration to which forces are being sought and which decisions the person lacks 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.)

The appointment of a Deputy is a position that is treated with the utmost respect by the Redkite Court of Protection team. When a decision is taken, the best interests of the client are always of paramount importance.

To ensure the protection of the interests of a loved one, please contact Redkite’s Court of Protection solicitors today.

Call 01531 632 226 or complete our online enquiry form.

Court of Protection FAQs

What is mental capacity?

A

If an individual is able to retain and evaluate the relevant facts and make rational and reasonable judgments, then that person is deemed to have mental capacity.

What is a Deputy?

A

A Deputy is a person appointed by the Court of Protection to act in the best interests of a vulnerable person. It means that the Deputy is responsible for financial protection, welfare and health of the person. On the basis of where an individual has mental capacity a deputy can only make decisions on certain aspects of a person's life. In other instances, a Deputy can make decisions on all aspects of a person's life. The Court of Protection will determine to what degree the interests of an individual are covered by a Deputy.

What and Where is the Court of Protection?

A

The Court of Protection is located in London. It determines, upon request, whether a person has the mental capacity to make specific decisions about him or herself. 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, wellbeing
-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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