The Court of Protection is a Government body of experts which exists to safeguard the property, financial affairs and welfare of the mentally incapacitated. Our experience in dealing with the Court of Protection means that we have the skills to ensure that the right decisions are made. Our expert solicitors who are STEP qualified can assist you with any applications that need to be made to the Court of Protection or the Office of the Public Guardian, including the registration of an existing Enduring or Lasting Power of Attorney, deputy applications or applications for court guidance/orders as and when needed (for example, a request to make gift’s from the donor’s assets or a request to sell the donor’s home).

How can our Solicitors help with Court of Protection issues?

We help to manage the property and affairs of those who lack mental capacity.

We all want to go on making our own decisions for as long as we can. This is, however, not always possible. Old age, illness or injury may require someone else to make decisions on our behalf.  We understand the responsibility that this situation involves.

We support families pulling together and, where there is dispute, can also handle litigation in the Court of Protection. Whatever the situation, we will do our best to help you.

What is a deputy?

If somebody loses their mental capacity to deal with their own affairs without having put in place an Enduring or Lasting Power of Attorney, a deputy will need to be appointed.

Partners in the practice act as deputies and attorneys in their own right, and our clients range from disabled young adults with substantial compensation payments to retired widows, who need help managing their money.

Making a Deputy Application

A deputy application is made to the Court of Protection.  The person(s) named as a deputy/deputies is/are chosen by the Court of Protection and not by the donor and, accordingly, could be someone the donor would not ordinarily choose to make such decisions.

Deputy applications are generally more complex, more time consuming and therefore more expensive than putting in place a valid Lasting Power of Attorney.

Our services include:

  • preparing Lasting Powers of Attorney and advising donors and attorneys;
  • acting as or for deputies and attorneys, managing the property and affairs of those who lack capacity;
  • making applications to the Court of Protection for gifts, Wills and settlements;
  • assisting elderly clients and those caring for them

We have particular expertise in dealing with disabled clients and managing personal injury or clinical negligence awards. We also manage the affairs of many elderly clients who suffer from dementia.

If you would like us to discuss the issues raised or would like any further information, please do not hesitate to contact us on 0208 464 4242 or email TrustsandProbate@wellerslawgroup.com

Registration of Enduring or Lasting Powers of Attorney

Existing Enduring Powers of Attorney must be registered where the donor has lost, or is losing, their mental capacity to deal with their own affairs.  Applications must be made on prescribed forms and notices must be served on at least three people, those people being defined by a statutory list of family members.

Lasting Powers of Attorney must be registered before use, regardless of whether the donor has lost capacity.  Unlike Enduring Powers of Attorney, the donor or the attorneys can seek to have a Lasting Power of Attorney registered.  Again, applications must be made on prescribed forms and notices must be served but with Lasting Powers of Attorney, those notices are served on people chosen by the donor (who are specified in the Lasting Power of Attorney form itself).

Anyone on whom notice of the application to register a Power of Attorney is served (including the donor) has the right to object to the registration on one or more of a number of specified grounds.  If, however, there are no objections the Office of the Public Guardian generally register the Power of Attorney within 6 to 8 weeks (although it can take longer).

For further information or to make an appointment with a member of our legal team, please email enquiries@wellerslawgroup.com  or telephone 0208 464 4242.