Court of Protection and Deputyships – Legal Advice
When a loved one loses mental capacity and is no longer able to manage their property and affairs themselves it can be very stressful and there may be pressing issues which need to be resolved. An application may need to be made to the Court of Protection for an appropriate person to be appointed as that person’s Deputy.
A Deputy is granted authority by the Court of Protection to assist the person lacking capacity in managing their affairs and the Deputy will be able to do things like access the person’s bank accounts and sell their property on their behalf. Applications to the Court of Protection are lengthy and time consuming and strict procedures need to be adhered to. We can assist you in making this application and ensure that it is completed as efficiently and swiftly as possible.
We can also advise on a wide range of other issues relating to the Court of Protection and the Mental Capacity Act 2005 such as the following: making of statutory gifts, helping to resolve disputes involving deputies and attorneys, assisting deputies with the general administration of a loved one’s affairs, sales of property and associated matters. We can also make emergency applications and trustee applications.
Please call 0113 284 5000 or e-mail a member of the probate & estate administration team for more information.
Frequently Asked Questions
If you were to lose your mental capacity to manage your property and affairs without having a Lasting Power of Attorney in place then an application could have to be made to the Court of Protection to appoint a deputy to assist you. This is a time consuming and lengthy process which can be avoided by making a Lasting Power of Attorney while you are still able to do so.