Sometimes it is necessary to apply to the Court of Protection for orders to help deal look after people who are vulnerable, such as an elderly relative who has lost capacity to manage their financial affairs or an adult child with learning difficulties.
When a person becomes unable to manage their own affairs, and they do not have a valid Lasting Power of Attorney to look after their finances in place, it may become necessary to make an application to the Court of Protection for a Deputyship Order. This Order of the Court appoints somebody, known as a Deputy, to take control of the person lack capacity’s financial affairs and, if necessary, sell their property, for example, to pay care home fees.
An application is made to the Court of Protection, who, along with the Office of the Public Guardian, supervise and support those people appointed to look after the affairs of a people lacking capacity to do so themselves.
Our experienced solicitors will guide you through the process and make the application on your behalf, ensuring your are well prepared to manage your role as Deputy, once appointed by the Court.
The Court is also able to approve the making of a Will on behalf of the person lacking capacity, if necessary. This could be important, for example, an application may be made by the partner of somebody who has come to lack capacity to make a Will, on the basis that they will not be provided for under intestacy which could result in great financial hardship. We are able to deal with such applications on your behalf.
A Will can also provide for vulnerable or disabled beneficiaries, appoint guardians for young children, create a trust and deal with inheritance tax planning.
We can assist you in making other applications as necessary to the Court of Protection. If you think you may need to apply to the Court for an Order, please contact us today to discuss your needs and options.
Please contact Melissa Ritchie by email at MelissaR@carpenterssolicitors.co.uk or by telephone on 020 8669 5145 for further information.
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