Judge rules mental capacity to marry but not over own finances
Court of Protection Solicitors
Sometimes people may lack the capacity to prepare powers of attorney and make decisions about their own financial affairs. In this situation, another individual would have to apply to the Court of Protection, to be appointed as deputy for the person lacking capacity.
Our Court of Protection specialists have many years’ experience advising and acting for such individuals. We have a wealth of experience in applications to the Court of Protection to assist those looking to be appointed to act on behalf of the vulnerable person.
What can I apply to the Court of Protection for?
The Court of Protection can authorise and direct any application from a general financial deputy application, to authorising a gift on behalf of someone who lacks mental capacity, to preparing a Will for someone who lacks mental capacity. Please see below the various types of Court of Protection applications.
Financial Deputy application
This type of application is the most common and if approved, would appoint an individual to manage the financial affairs of someone who lacked mental capacity. We can advise on this lengthy process and carry out the application process on your behalf, from start to finish, should you wish.
Find out more about a financial deputyship application.
Professional Financial Attorney and Deputy
In accordance with the financial deputy application above, it is possible for a professional to be appointed to manage the financial affairs of a person who lacks capacity, such as Brachers Trust Corporation Limited.
Find out how Brachers Trust Corporation Limited can act as a professional financial deputy/attorney to manage the personal affairs of individuals that lack the mental capacity themselves.
Statutory Will application
This type of application would see an individual apply to the Court of Protection to authorise the execution of a Will, on behalf of someone who lacked mental capacity. If a person who lacked mental capacity does not have a current Will in place, or has an out of date Will, an individual close to that person is able to apply to have a new Will written.
Find out more about statutory Will applications.
Historically, the Court of Protection have rejected these types of applications however, recently they are becoming more frequent. If a medical or welfare decision cannot be reached, then it may be appropriate for the Court of Protection to direct and authorise a certain decision, regarding the welfare of a person who lacks mental capacity.
Find out more about welfare applications.
If you are appointed as an attorney or deputy for someone who lacks mental capacity, you are able to make gifts on their behalf. There are various rules which must be followed when making gifts and limits are imposed upon the attorney/deputy. Larger gifts will need to be sanctioned by the Court of Protection prior to the gift being made.
Find out more about gifting through the Court of Protection.
If you are unsure of what benefits you or a loved one are entitled to, our expert team have experience of claiming benefits for elderly and vulnerable clients.
Find out more about our benefit advice package.
If you wish to discuss any of the Court of Protection matters, please do contact our specialist team who are able to assist in all Court of Protection matters by emailing firstname.lastname@example.org or calling us on 01622 690691.
"They have a very friendly and personal style. They are always professional, helpful and available."
"The empathy and reassurance provided during proceedings was of a highly personal nature."
"The team at Brachers is knowledgeable and professional and provides pragmatic advice."
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