Court of Protection Pembroke

Redkite Solicitors have a team of empathetic professionals, with vast expertise in assisting and supporting clients who cannot handle their overall well being on their own. Illness or disability may contribute to an inability to make correct choices on their own. This is officially referred to as ‘mental capacity’.

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There may be a complete loss of mental capacity, such as a brain injury or a progressive deterioration such as dementia. If the intellectual capability of an individual is in doubt, an appeal will be filed with the Court of Protection. The Court of Protection will assess the person and decide whether he or she is in a position to make a specific decision; if the individual fails to do so immediately, a one-off order may be required. In particular, if it is decided that the individual will not have the capacity to make a multitude of decisions in the near future, then a deputy would be named and appointed.

For further information on we can help you call 01646 683 222 or complete our online enquiry form.

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The Redkite Solicitors Court of Protection Service

It is extremely important to receive early advice and recommendations from our team at Redkite Solicitors. Applications to the Court of Protection must be made properly in order to obtain a Deputyship, and within a reasonable period of time. Our professional solicitors will be available 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 lack of mental ability. Often this can be a temporary situation, where a person can make a recovery, in the case of a stroke. Sadly, accidents such as traumatic brain injury may have a permanent impact on mental capacity. In all cases, an appeal to the Court of Protection allows the appointed Deputy to take responsibility and action concerning financial and health issues, for as long as there is a lack of mental capacity.

With increasing advances in health care and enhanced standards of living, the life span of most people is getting greater. While this is good, it results in an increasing population and a rise in underlying brain disorders, such as Alzheimer’s or dementia. While individuals can maintain the mental capacity to live under these circumstances, their ability to make reasonable decisions sometimes declines over time. Unless the individual has established a Last Power of Attorney prior to the loss of mental capacity, then the family may have to appeal the case to the Court of Protection.

The Role of a Solicitor

It may be daunting to make an appeal to the Court of Protection. We support our clients in drafting their applications. Some clients can choose to be named Deputy; others will want to have a Redkite solicitor acting on their behalf.

Clients can benefit from the professional guidance of our solicitors when appealing to the Court of Protection. Our expertise and understanding mean we will effectively guide you through the application process. Our experienced solicitors will take the time to understand your situation and offer appropriate advice on the particular context, needs and desires of our clients.

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

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

To ensure the protection of the interests of a loved one, please contact Redkite’s Court of Protection solicitors today on 01646 683 222 or complete our online enquiry form.

Court of Protection FAQs

What is mental capacity?

A

If an individual is unable to retain and evaluate relevant facts and make rational decisions, the person is deemed to have 'mental capacity'.

What is a Deputy?

A

A Deputy is a person appointed by the Court to act in the best interests of a vulnerable person. This implies that the Deputy is liable for the financial protection, and the safety and well being of the individual involved.

What and Where is the Court of Protection?

A

The Court of Protection is based in London and determines, upon request, whether a person has the mental capacity to make decisions about their own welfare.

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 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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