Court of Protection Solicitors in Norwich
Due to unfortunate circumstances, some people can lose the mental capacity to deal with their personal and financial affairs. This can be either due to age-related illness or tragic accidents.
In this situation, they require the support of other people to act on their behalf. Often assistance is needed to help someone take care of their money or assets (referred to as property and affairs) or even make difficult decisions related to their life (referred to as health and welfare – please note that Ashtons Legal doesn’t offer Health and Welfare Deputyships). If someone has made a Lasting Power of Attorney, it would be expected that the appointed Attorney would take on these responsibilities. If someone has not made a Power of Attorney then it would be necessary to apply to the Court of Protection for the appointment of a Deputy to take on the role.
At Ashtons, we specialise in dealing with property and affairs deputyships. We have many years of experience in this field, and we can provide high-quality advice, along with a sensitive approach and a positive attitude. We are able to take on the role of Property and Affairs Deputy for someone, or we can advise family members who wish to apply to the Court to take on this role. Our court of protection lawyers in Norwich will listen to your concerns and discuss all the options available, so you can make an informed decision.
We are sensitive to the fact that it can be emotionally draining to witness one of your loved ones lose the capacity to deal with their affairs themselves. It can even be more difficult when this happens suddenly. You will find our Court of Protection lawyers in Norwich to be a solid foundation to rely on during these trying times, and we will do our utmost to support you whilst giving professional service and sound practical advice.
Our Court of Protection team can support clients with various legal procedures, such as:
- 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 Norwich
Alternatively, please fill in our online enquiry form, and a member of our team will get in touch with you shortly.
Our Court of Protection Expertise
Applying for a Court of Protection property and affairs deputyship
When you become aware of the fact that someone close to you no longer has the capacity to deal with their finances, and they don’t already have a power of attorney in place, you have the option of applying to the Court of Protection, with a successful application resulting in the Court appointing a deputy for your loved one.
This deputy will oversee your loved one’s finances and properties and will have the ability to make important decisions regarding these assets.
If you’re thinking of applying for a deputyship, it’s important to understand the responsibilities of the role. Our Court of Protection lawyers in Norwich will explain these to you in detail so you can make an informed decision about your next steps. Our expert team will then be there to guide you through the process.
Court of Protection disputes
Being a deputy in charge of a loved one’s finances or healthcare decisions can be quite a contentious role; it is often hard to make decisions on behalf of someone you care deeply about, and there are likely to be differing opinions from friends and family on what the correct course of action will be.
Our team is well-versed in these matters and has the resources and knowledge to help you resolve matters efficiently and in a timely fashion.
Acting as a professional deputy for your loved one
If a vulnerable person doesn’t have someone to appoint as their deputy (their family isn’t able or is unwilling to take on this big responsibility), they may want to appoint a professional as deputy.
At Ashtons Legal, many of our team are able and do act as deputies for people who lack capacity. If you or your family require a professional deputy for a loved one, our team approach this issue with absolute professionalism and sensitivity, so please get in touch with our Court of Protection team, who can talk you through your options and answer any queries you may have.
When someone lacks the capacity to deal with their own welfare and finances, they often are unable to draft their own Will. In this situation, they will almost certainly need a deputy or solicitor to draft a statutory Will on their behalf.
If you have been appointed as deputy and need to draft a Will for your loved one, our expert legal team in Norwich will be more than happy to help guide you through this process.
Frequently asked questions
What is ‘mental capacity’ defined as?
The Mental Capacity Act 2005 aims to protect people in England and Wales who can’t make some or all decisions for themselves.
By law, ‘mental capacity’ is defined as the ability to understand and make a decision when it needs to be made.
What is a Court of Protection Order?
A Court of Protection Order is a legal document. It appoints someone as a ‘deputy’ to make decisions for someone else, known as ‘a donor’.
The Order is issued by the Court of Protection in England and Wales. And it’s only made when the donor lacks mental capacity and there’s no lasting power of attorney in place.
The role of the Court of Protection is to make important decisions about an individual’s ability to look after their own welfare and finances.
If they deem that a person is unable to do so due to a lack of mental capacity, they then can appoint someone to do so on their behalf.
What is a deputy?
A deputy is a person appointed by the Court of Protection who then manages the welfare and financial decisions of someone who lacks the mental capacity to do so for themselves. Deputies can either be a close friend or family member of the person or can also be professionals appointed by the person’s loved ones.
In order to be appointed, potential candidates must apply to the Court of Protection in advance.
As deputy, they will have to take on various responsibilities, such as the management of the vulnerable person’s bank accounts, benefits, paying their bills and making important medical decisions.
Who can become a Court of Protection Deputy?
Anyone over the age of 18 can apply to act as a deputy. The majority of the time, deputies tend to be close friends or relatives of the vulnerable person. If no one is willing to become a deputy, a professional deputy can also be appointed.
If you need a professional deputy, our Court of Protection team can provide this service and will support you throughout the process.
What decisions can the Court of Protection make?
The Court of Protection has the ability to make various decisions to protect vulnerable people, such as:
- Decisions about welfare and finances
- Emergency applications where a deputy is needed urgently
- Decisions regarding statutory Wills, or Lasting Powers of Attorney
- The appointment of deputies to manage welfare and finances
- Permissions allowing an individual to make one-off decisions for a vulnerable person.
Is it possible to change a deputy?
Should someone believe that a deputy is not fulfilling their duties adequately, they can apply to the Court of Protection and request that the deputy be replaced. This may occur in situations where it is believed that the deputy is not making decisions in the best interest of the vulnerable person, or if a relationship between the deputy and the vulnerable person has become irretrievably broken down.
These circumstances can become emotionally charged and complex, so at Ashtons, we recommend seeking legal counsel immediately. Our Court of Protections lawyers in Norwich have years of experience in assisting clients to remove unfit deputies in a range of situations.
Contact our Court of Protection Lawyers in Norwich
Alternatively, please fill in our online enquiry form, and a member of our team will contact you soon.