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The Court of Protection’s role is to ensure that those who lack capacity are safeguarded.
If a person becomes unable to manage their own affairs through the loss of mental capacity, it can be difficult to assist without the benefit of an existing Lasting Power of Attorney, or Enduring Power of Attorney.
In such circumstances, an application can be made to the Court of Protection for a Deputyship Order, to appoint a Deputy or Deputies to manage the person’s property and financial affairs or personal welfare.
At Kingsfords, our Private Client Team are able to manage such applications for a fixed fee. We can guide you through the entire process of applying to the Court of Protection, ensuring that you have all the support you need to effectively manage your loved one’s affairs when acting as a Court of Protection Deputy.
Our Court of Protection Service includes the following:
- Deputyship Application for Property and Financial Affairs
- Deputyship Application for Personal Welfare
- Application for a Statutory Will
- Emergency Court of Protection applications
- Ongoing advice for Court of Protection Deputies
Contact Us
For further information or to make an appointment with our Private Client Team in Ashford, Cranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the right hand side of the page to request a call back.
Our Court of Protection Expertise
Deputyship Application for Property and Financial Affairs and Health and Welfare
When you are appointed as someone’s Deputy, this role will involve making decisions about important financial matters and their health care.
For example, this may include making decisions on daily practical tasks, such as paying bills or applying for benefits, as well as more complex decisions, such as where to invest a person’s savings, what should happen to any properties they own, the handling of their daily routines, healthcare, and medical treatments.
It is less common for a Personal Welfare Deputy to be appointed, which means that the application process is often more complex compared to applications for Property and Financial Affair Deputyship.
Kingsfords can support you in making an application to become a Deputy, ensuring that all the essential documentation is correctly filed, so there are no unnecessary delays.
Application for a Statutory Will
If someone has lost mental capacity, it will not be possible for them to write a Will, or make any changes to an existing Will. If changes are made, the Will is almost certain to be rendered invalid.
The Court of Protection however have the authority to make or amend a Will on behalf of anyone who has lost mental capacity. This is known as a Statutory Will.
An application needs to be made to the Court of Protection which can be a complex process if you do not receive the right advice. Kingsfords have substantial experience in making applications for Statutory Wills and can help to ensure your loved one’s wishes, are reflected.
Emergency Court of Protection Applications
In some cases, you may need to make an emergency application for a Court of Protection Order. Common examples include where someone needs urgent medical care, but consent is needed for the specific treatment and if a decision needs to be made regarding how a medical bill will be paid.
Our team can advise on making an emergency Court of Protection Order, ensuring that a decision is made for the benefit of your loved one.
Ongoing Advice for Court of Protection Deputies
We understand that the role of a Deputy is a difficult one, with there being a wide range of responsibilities to handle on a daily basis. The role can be especially difficult if you have never acted in this capacity before and/or you are already trying to balance other important commitments.
Our Private Client Team can support you in your role as a Deputy, including advising on the decisions you may need to make and dealing with the various administrative matters that need to be addressed.