• 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 is the Court of Protection?

    The animation below shows an illustration of how the Court of Protection can help those who are unable to make decisions about their lives.


    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 If a person who lacked mental capacity does not have a current Will in place, or has an out of date Will, an individual close to that person is able to apply to have a new Will written.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

    Welfare 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.

    Gifting 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.

    Benefit advice

    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.

Book an appointment 15 minute free virtual consultation

Schedule a free 15 minute online appointment to discuss Court of Protection matters. We will provide general advice during this consultation and no legal work will be undertaken unless agreed during this appointment.

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