COURT OF PROTECTION
The Court of Protection (COP) is there to help deal with matters and make decisions for those who do not have the ability to make the decisions for themselves. It can often prove a difficult experience when a family member or friend is unable to make their own decisions and it can prove difficult to deal with any assets that are in their name. This is down to the fact that the authorities can only legally liaise with an individual who is capable of making these decisions or who has the authority to act on their behalf. Where a Lasting Power of Attorney doesn’t exist, the person looking to help, usually a spouse, partner or other loved one, must apply to the Court of Protection for a Deputyship order.
The majority of applications that are made to the COP are related to becoming the deputy of the patient with the end result being the same as that of an attorney under a lasting power of attorney, providing control over property and financial affairs. However, the deputy must also prove that they are fit for carrying out the role and so, during the term, they will be under court supervision.
There is also the ability to apply for instances where one-off decisions can be made regarding gifts or the signing of a statutory Will on behalf of the individuals. The applications can be complex as detailed assessments of the affairs of the patient will be carried out. Anyone who might be affected by the issuing of an order by the COP will be given the opportunity to have his or her say.
How can we help?
Our Court of Protection team are experts in this niche area of law. Because they deal with the Court on a regular basis they know exactly what is required for each application and can help arrange the assessments needed and complete the myriad of forms required to get the Order you need. This leaves you free to concentrate on looking after the person in need and ensures that you receive the Order from the Court in the least amount of time possible.
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