Court of Protection Whitland

Redkite Solicitors have a dedicated team, with vast experience in supporting individuals who are unable to do so on their own. This includes overseeing their welfare, safety, assets, and finances on behalf of their loved ones. The lack of ability to make their own choices can occur as a consequence of illness or injury. This is legally referred to as ‘mental capacity’.

For advice and guidance call 01994 240305 or complete our online enquiry form.

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The loss of mental capacity can happen abruptly, such as a severe head injury, or slowly over time, such as with dementia. If the mental capacity of an individual is in question, an application should be submitted to the Court of Protection.

The Court of Protection must examine the individual in order to decide whether they are capable of making particular decisions; if the individual is temporarily unable to demonstrate an ability to do so, a one off order can be put into effect.  However, if it is determined that an individual doesn’t have the capacity to make a range of decisions, for the foreseeable future, a Deputy will be designated.

The Redkite Solicitors Court of Protection Service

Receiving timely guidance and support from the Redkite’s Court of Protection team is crucial. Application forms for the Court of Protection have to be submitted correctly and timely to obtain Deputyship. We offer our clients a complete service; from the pre-application meeting to the post-order, a qualified Court of Protection solicitor will be made readily available to you.

For further information on how Redkite solicitors can help you call 01994 240 305 or complete our online enquiry form.

What our clients say

I was very pleased with the courtesy of the ladies who attended to my requests and particularly so at the time when I had my accident – they were extremely helpful.

Paul James' support has been invaluable in effectively progressing key contractual requirements. His knowledge and expertise in contract and procurement matters is exceptional. Would not hesitate to engage Paul's services again in future should the requirement and opportunity arise.” (dated March 2017).

The reason I used Redkite is that most solicitors don’t have the area of expertise that I required.

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.

Redkite were recommended to me and I would do the same, fantastic service.

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.

When to Apply to the Court of Protection

  • Brain injuries can lead to a loss of mental capacity. Often this may be temporary, for example a stroke with a healthy recovery. Unfortunately, events such as traumatic head injuries can have a permanent impact on an individuals mental capacity. In both cases, an application to the Court of Protection enables the Deputy designated to handle decisions on their behalf; taking care of financial and medical problems as long as there is a loss of mental capacity.
  • With improvements in health care and a higher quality of life, the average life expectancy of many people is increasing. While this is positive, it adds to an ageing population and with that a rise in underlying brain diseases, such as Alzheimer’s or dementia. Although individuals can maintain mental capacity to function with these conditions, their ability to make rational choices also lessens with time. If the individual has not put in place a Lasting Power of Attorney prior to the loss of mental capacity, the family will have to appeal to the Court of Protection for Deputyship.
  • Older parents with children or adult offspring that lose mental capacity owing to learning disabilities or a brain injury, may also have to refer to the Court of Protection. It allows peace of mind and means that the overall interests of the adult or child are put first when the parents are no longer able to do so.

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.)

Being designated Deputy is a responsibility which the Redkite Court of Protection handles with the greatest respect. The best interests of the client are always of utmost importance when decisions are made.

To ensure the protection of the interests of a loved one, please contact Redkite’s Court of Protection solicitors today. Call 01994 240305 or complete our online enquiry form.

Court of Protection FAQs

What is mental capacity?

A

A person is considered to have a mental capacity when they are no longer in a position to retain and interpret the pertinent facts in order to make an informed and rational decision. Individuals may have a mental capacity to make certain choices, but not others.

What is a Deputy?

A

A Deputy is an individual designated by the Court of Protection to be legally responsible for somebody who lacks the capacity to make decisions on their own behalf where there is no power of attorney.

How Do I Apply To The Court Of Protection?

A

To apply, you will need to complete at least four forms and submit a doctor's certificate. This certificate needs to verify to the Court that an individual can not make a decision on their own.

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