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Court Of Protection
Court of Protection
Lasting Powers of Attorney are always the best option for choosing people to manage your health and or financial matters, as they provide flexibility and control.
However, if an LPA is not in place and a person has lost mental capacity then family members must apply to the Court of Protection.
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Service Detail
The process
Various applications can be made to the Court of Protection to authorise someone to make decisions on behalf of a person who lacks mental capacity.
These are:
Deputyship Orders
The most common application is for a Deputyship Order to manage a person’s financial affairs. Personal Welfare Deputyship Orders are possible but granted only in specific circumstances.
Statutory Wills
To make a valid Will, a person must have mental capacity. If they lack capacity, it is possible to apply to the Court of Protection to make a Statutory Will.
Deprivation of Liberty Safeguards
Sometimes, safeguards need to be put in place to protect a vulnerable person in care homes, hospitals, and supported living arrangements. As these safeguards may restrict a person’s freedom or deprive them of their liberty as application may be made to the Court of Protection to authorise the deprivation of liberty known as a DoLS Order.
Application process
The application process can be complex, lengthy, and costly. Since you will be applying to act on behalf of someone else, obtaining expert advice from the outset is crucial.
Our solicitors work with vulnerable individuals daily. Familiar with the court process and the likelihood of decisions being authorised, we can tailor your application effectively to ensure no unnecessary delays. Contact us to see how we can help.
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