It’s always a difficult time when a loved one loses the mental capacity to deal with their personal and financial situation.
This is often due to illness (age-related or not) or an accident. When this happens, they will likely need to support of loved ones or professional entities to take care of their personal affairs or finances. Legally, this comes as two different kinds of deputyship, property and affairs (for money/assets) or health and welfare (for difficult decisions regarding their life).
Ashtons Legal specialises in property and affairs deputyships – please note that we do not offer Health and Welfare Deputyships. Our court of protection lawyers in Ipswich have extensive knowledge of this matter and can help guide you through this difficult time. We put an emphasis on approaching matters such as these with sensitivity and professionalism. We ensure that your concerns are heard and that we go through all of the available options with you in detail so you are always fully informed on the best course of action.
Our Court of Protection Lawyers are well aware of how stressful it can be to watch a loved one lose their mental capacity, especially when it happens at a rapid pace. Our lawyers in Ipswich will make sure to support you thoroughly during this difficult period and will do everything within their power to make the process as smooth and stress-free as they can.
Our Court of Protection lawyers in Ipswich can help you with:
- 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 Ipswich
For excellent legal advice regarding the Court of Protection, we recommend getting in contact with your local Ashtons Legal team in Ipswich, Bury St Edmunds, Cambridge, Norwich and Leeds.
Alternatively, you can fill in our online enquiry form, and a member of our team will get in touch with you promptly.
Our Court of Protection Expertise
Applying for a Court of Protection property and affairs deputyship
After becoming aware that a loved one no longer has the capacity to deal with their affairs, and they have not already put in place a Power of Attorney, you will then be able to apply to the Court of Protection for the appointment of a deputy.
This deputy will take charge of the incapacitated person’s finances and assets and will also make decisions regarding these assets. Before applying for a deputyship, it’s first essential that you understand the different responsibilities of this important role. Our Court of Protection lawyers will make sure that you have a comprehensive knowledge of all the information regarding this subject and will support you throughout the course of the whole process.
Court of Protection disputes
Being a deputy in charge of someone else’s finances and/or healthcare decisions is not an easy task for a multitude of reasons. For example, there are often disputes due to close friends/family members disagreeing with decisions made on their loved one’s behalf.
Unfortunately, there can also be serious falling outs over these decisions. Our Court of Protection lawyers have years of experience dealing with applications and have the knowledge to help you navigate this process efficiently.
Acting as a professional deputy for your loved one
Sometimes, there isn’t anyone available or willing to be appointed as their loved one’s deputy, or the size of the estate means that the Court require a professional deputy to be appointed. In this situation, it is sometimes appropriate to appoint a professional to take on this role. At Ashtons Legal, we have a team who are ready and willing to act as deputies for people who are sadly lacking capacity. If you are looking for a professional deputy for a loved one, our experienced team will be sure to make this process as straightforward as possible. Please get in touch with a member of our Court of Protection team in Ipswich so we can help guide you through the appointment process, as well as answering any questions you might have.
Statutory Wills
In the situation that someone is lacking the capacity to attend to their own welfare and finances, they will also require help to draft a Will. If you have been appointed deputy and need guidance, our legal team will be happy to help you with all of the intricacies of the Will Drafting process.
Frequently asked questions
What is the Court of Protection?
The Court of Protection is an entity that makes vital decisions regarding the capacity of certain individual’s ability to look after their welfare and finances. If the Court of Protection deems that a person lacks the mental capacity to do so, they can then appoint a deputy, who then makes decisions on the person’s behalf.
What is a deputy?
A deputy is an individual chosen by the Court of Protection who oversees the well-being and financial choices of a person who is incapable of making important decisions due to mental incapacity. The deputy can be a relative or a close friend of the mentally incapacitated individual, or they can be a hired professional.
To be appointed, potential candidates are required to apply to the Court of Protection.
As deputy, they will be responsible for a range of duties, which may include overseeing the financial affairs of the individual, managing their bank accounts, handling any benefits, paying bills and making important healthcare decisions.
Who can become a Court of Protection Deputy?
Anyone over the age of 18 can apply to be deputy. Most of the time, deputies are close friends of relatives of the mentally incapacitated person. If there is no one available to be deputy, a professional deputy can be appointed.
If you require a professional deputy in Ipswich, our Court of Protection team is more than happy to provide this service and will guide you through the appointment process.
What decisions can the Court of Protection make?
The Court of Protection can and will make important decisions to protect vulnerable people, including:
- Decisions about welfare and finances
- Emergency applications where a deputy is needed urgently
- Decisions regarding statutory Wills, or last 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?
If you suspect that an appointed deputy is not fulfilling their obligations in the best interest of the vulnerable person, the Court of Protection can be petitioned to replace them. This can also be a result of the relationship between the deputy and the vulnerable person breaking down.
These situations can be complex and emotionally stressful, so we always recommend seeking professional legal advice. Our Court of Protection lawyers in Ipswich have extensive knowledge and experience in this field and have dealt with difficult situations like this many times.
Why choose our Court of Protect lawyers in Ipswich?
Our service boasts decades of specialist experience in the Court of Protection. We strive to provide a modern and convenient experience to our clients. Our team values the importance of timely communication and guarantees fast response times.
We will always ensure that we get back to you promptly. Additionally, we offer flexible funding arrangements that cater to your specific circumstances. Our goal is to make sure that our clients receive the highest level of care and support throughout the entire process.
Contact our Court of Protection lawyers in Ipswich
For excellent legal advice regarding the Court of Protection, we recommend getting in contact with your local Ashtons Legal team in Ipswich, Bury St Edmunds, Cambridge, Norwich and Leeds.
Alternatively, you can fill in our online enquiry form, and a member of our team will get in touch with you promptly.