Call Louise Nelson to discuss a Court of Protection application. Louise is a solicitor who has over 40 years experience and specialises in handling Court of Protection matters. She will be happy to explain the process to you and advise on whether an application to the Court is the right option for you.
The Court of Protection was created under the Mental Capacity Act 2005, and is essentially responsible for protecting the interests of individuals who have lost the mental capacity to manage their own affairs and make decisions for themselves for whatever reason.
Applications to the Court of Protection are often necessary when an individual has lost mental capacity due to the sudden onset of an illness or an accident, without having a Lasting Power of Attorney (LPA) in place that would stipulate who should manage their affairs and make decisions for them in such circumstances. These decisions can involve a person’s health and welfare and/or their financial and property affairs.
What Role Does the Court of Protection Play?
The Court of Protection can decide whether a person has the mental capacity to make decisions for themselves, and if not, authorize the appointment of one or more ‘Deputies’ to manage their affairs and make decisions for them. The Court can also adjudicate on objections which may have arisen over an existing Lasting Power of Attorney document, or on disputes between those made responsible for the care of a person under the terms of an LPA.
An application to the Court of Protection may also be required if a person has lost mental capacity and needs a statutory will made for them. Many applications are made by concerned family members or close friends of incapacitated individuals who they consider are being financially exploited by a third party. The Court will always seek to act in the best interests of the incapitated individual and/or will appoint a Deputy who will be charged with acting in the same manner.
What Authority Does a Deputyship Give?
A Deputyship can cover either a person’s property and financial affairs or their health and personal welfare. A property and financial affairs Deputy may be given the authority to access and control a person’s bank account (as well as the power to open a ‘Deputy’ bank account if necessary), deal with other relevant financial institutions, utility companies and government bodies, such as the Department for Work and Pensions, and pay the individual’s bills and other outgoings.
A health and personal welfare Deputyship will hand the Deputy control of a person’s medical care and treatment, as well as the ability to decide where and with whom they will live. Health and welfare Deputyship applications are often made in scenarios where there is disagreement among family members over an individual’s personal care, including their medical treatment and where they should live. The Deputy is given the exclusive power to resolve such disagreements, and their legal authority to make decisions will not be open to challenge by any third party, except the Court of Protection.
Solicitors for Court of Protection in Liverpool and Chester
Louise Nelson is a solicitor with over 40 years’ experience who specialises in handling Court of Protection applications and can explain and advise on the process. Louise has helped numerous clients in Liverpool and across Merseyside with Court of Application matters over the years, and offers a no obligation consultation by phone or in person. Bartletts Solicitors offers a transparent fixed fee service so that clients know exactly how much they will pay before instructing us. Contact Bartletts Solicitors today at our Liverpool, Chester or Wrexham offices or email newenquiry@bartletts.co.uk
