Court of Protection Solicitors in Leeds
Unfortunately, life can be unpredictable, and there may come a time when an individual loses the mental capacity to make decisions. This may be through ageing, illness, or an unforeseen event such as an accident, this situation raises a lot of complex legal and ethical considerations.
In these circumstances, if there is no power of attorney in place, it is necessary to apply to the Court of Protection for the appointment of a deputy to help safeguard the financial and health-based interests of the vulnerable individual who has lost the ability to make decisions for themselves. The role of the Court of Protection deputy is vital in upholding the legal framework that surrounds mental capacity, and it is incredibly important to ensure the protection and support of individuals facing these challenges.
Our Court of Protection lawyers in Leeds can help you with:
- Applying for a property and affairs deputyship
- Court of Protection disputes
- Acting as a professional deputy for your loved one
- Statutory Wills
Contact our Court of Protection lawyers in Leeds
If you need legal assistance with anything regarding the Court of Protection, you can contact our Leeds office or complete our online enquiry form, and a member of our team will get in touch as soon as possible.
We also have offices in Bury St Edmunds, Cambridge, Diss, Ipswich, and Norwich.
Our Court of Protection Expertise
Applying for a Court of Protection property and affairs deputyship
If someone close to you is no longer capable of managing their own finances, you have the option to seek assistance from the Court of Protection by applying for the appointment of a deputy on their behalf. If the application is approved, the Court will then appoint a deputy to oversee the financial and property matters of your loved one who lacks capacity.
Essentially, the deputy assumes the responsibility of making decisions on their behalf. Before proceeding with the application for deputyship, it is crucial to comprehend the duties and responsibilities associated with this role. Our knowledgeable Court of Protection lawyers in Leeds are here to provide guidance and support, ensuring that you have a clear understanding of the deputy’s role and the necessary processes involved.
Court of Protection disputes
When tasked with making decisions on behalf of another person, it can be challenging, particularly when their loved ones hold diverging opinions regarding their welfare and best interests. Disputes often emerge between deputies and other family members concerning the vulnerable individual’s affairs. In certain cases, disagreements may arise regarding the appointed deputy and the decisions they make.
Our solicitors specialising in Court of Protection matters have encountered a multitude of disputes and possess the necessary expertise and resources to expediently address these issues. We are committed to resolving matters swiftly and effectively, ensuring a resolution that upholds the best interests of the vulnerable individual.
Acting as a professional deputy for your loved one
In certain cases, individuals who lack capacity might not have a suitable person to appoint as their deputy, or their family members may be unable or unwilling to assume the responsibility. Despite their desire to support their vulnerable loved ones, many individuals understandably feel uneasy about managing the financial and healthcare aspects on their behalf.
At Ashtons Legal, we have a specialised team that serves as appointed deputies for individuals who are lacking capacity. If you are considering appointing a professional deputy for your loved one, we encourage you to get in touch with our Court of Protection team. They will be able to guide you through the process, explain the necessary steps that will be involved, and answer any inquiries you may have.
Statutory Wills
Someone who is lacking the mental capacity to handle their own welfare and finances is also likely to be unable to draft their own Will. In a situation where the vulnerable individual has not yet made a Will or has a Will that requires altering, a deputy will be needed to draft a statutory Will on their behalf. If you are in the position of deputy and you need to create a Will on someone else’s behalf, our expert Court of Protection solicitors in Leeds will be able to help you with this, supporting you and guiding you through the process step by step.
Frequently asked questions
What is the Court of Protection?
The Court of Protection is an entity Court with the power to evaluate the mental capacity of individuals to make decisions in the best interests of their financial and physical welfare. If the Court of Protection decides that a person is unable to effectively make decisions for themselves, they then have the ability to appoint a deputy to make those decisions on their behalf.
What is a deputy?
A deputy is a person appointed by the Court of Protection who manages the financial and/or welfare decisions of a vulnerable person who lacks the mental capacity to make those decisions themselves. In order to be appointed as a deputy, an application must be sent to the Court of Protection by the individual who wishes to be appointed.
There are several duties that a deputy will have to take on, such as managing the vulnerable person’s finances and benefits, paying their bills and/or making important medical decisions on behalf of the vulnerable person.
Who can become a Court of Protection Deputy?
If an individual is over the age of 18 years old, they can apply to be appointed as a deputy. The majority of the time, deputies tend to be relatives or close friends of the vulnerable person. However, if someone has a large estate from, for example,an injury award or large inheritance, or a deputy cannot be found among their close friends or family, a professional deputy can be appointed.
At Ashtons, we have a Court of Protection team who are happy to provide this service and will assist you through every step of the process.
What decisions can the Court of Protection make?
The Court of Protection has the power to make several decisions for the wellbeing of vulnerable people, for example:
- If a person has the capacity to make decisions regarding their own welfare and finances
- Emergency applications when a deputy is needed urgently
- Decisions involving Statutory Wills or lasting powers of attorney
- On a long-term basis, it is possible for them to designate deputies who will handle the well-being and finances of a vulnerable loved one
- The Court has the authority to grant permission for a one-time decision to be made on behalf of a vulnerable person.
How do you become a deputy?
In order to become a deputy on behalf of a person lacking mental capacity, an application needs to be sent to the Court of Protection. It is essential that you have the support of an experienced Court of Protection lawyer throughout the application process as it can be relatively complex.
After the Court processes the application, the vulnerable person (as well as any other relevant parties) will need to be informed within 14 days.
If everything goes smoothly, the Court will then pass the application to a Judge or a nominated officer where it will be reviewed. If for some reason objections arise, your Court of Protection lawyerwill let you know and guide you through the next steps.
Finally, the Court will deliberate and decide whether to have a deputy appointed. Our Court of Protection team in Leeds will be able to answer any queries you may have about the application process.
Is it possible to change a deputy?
If it is believed that the appointed deputy is not acting in the best interests of the vulnerable person, it is possible to apply to the Court of Protection to request that said deputy be replaced. Situations like this can also arise if the relationship between the vulnerable person and the deputy has deteriorated or even broken down. These circumstances can be challenging, so we highly recommend seeking the support of our Court of Protection team, as we are well-versed in areas like this. We make it our priority to protect the well-being of your loved one and will always support you in doing so using every resource that we have available.
Contact our Court of Protection lawyers in Leeds
If you need legal assistance with anything regarding the Court of Protection, you can contact our Leeds office or you can complete our online enquiry form, and a member of our team will get in touch as soon as possible.
We also have offices in Bury St Edmunds, Cambridge, Diss, Ipswich, and Norwich.