If your loved ones don’t have a Lasting Power of Attorney put in place, you may need to deal with the Court of Protection once they become unable to make decisions around their wellness or finances. While this process can seem prolonged and daunting, our Court of Protection solicitors can help you to navigate any challenges effectively and ensure that the right decisions are made at the right time.
When is a Court of Protection Solicitor Needed?
If you think of a Lasting Power of Attorney as a proactive step that somebody can take before they’re unable to make decisions around their financial or physical wellbeing, the Court of Protection is involved once reactive measures are needed.
As a specialised court in England and Wales, the Court of Protection makes decisions in the best interests of individuals who cannot do so for themselves. This may be for a number of reasons:
- Financial conflicts: A spouse may need to withdraw money from their partner’s sole account to pay for specialist care or housing
- Business continuity: If a business owner loses mental capacity, the Court may need to step in and ensure that staff are paid or contracts can be signed
- Medical treatment: Doctors and family members may disagree on whether a particular course of treatment is in the best interests of an individual
- Living arrangements: There may be disputes around whether an individual should remain in their own home, or move into a specialised care facility
- Contact issues: Sometimes, it’s disputed whether friends or family members should be allowed to see an individual, based on allegations of abuse or negative influence
In these instances – and many more, including very complex matters – our Court of Protection solicitors can help you to understand your options and pursue the best course of action for you and your loved ones.
This may involve submitting an application for a Court of Protection Deputyship, which allows you to act on behalf of an individual in a similar way to a Lasting Power of Attorney. There are two types of deputy applications:
- Personal Welfare: You’ll be able to make decisions about medical treatment, care, or where the individual lives
- Property & Financial Affairs: You’ll be able to manage bank accounts, pay bills, and manage or sell property
A personal welfare deputyship can be much harder to obtain, and we’ll be able to walk you through the process of doing so.
Appointing a Professional Deputy Through the Court of Protection
Managing somebody’s financial or physical well-being can be an emotionally taxing task, let alone the time investment that’s needed in particularly complex cases.
In these instances, our Court of Protection solicitors can work on your behalf as a Professional Deputy, managing the financial and physical decisions that will put your loved ones’ best interests first.
This service provides complete peace of mind by removing the burden of responsibility from you. Instead, you can focus on your personal relationship to the individual in question, while our Court of Protection solicitors handle the legal side of their estate and personal circumstances.
If this sounds like a suitable option for your situation, please speak to our friendly team so that we can learn more about your requirements.
Why Choose THB Legal?
Choosing the right Court of Protection lawyers can mean the difference between a seamless process that prioritises your emotional wellbeing and a problematic journey that causes even more stress.
Our Court of Protection solicitors are able to help with particularly complex cases and make sure that the best resolution is reached for you and your loved ones. Reasons our clients choose us to help them navigate this emotional period:
One solicitor, from start to finish
You’ll be appointed one of our Court of Protection solicitors and work with them throughout your entire journey with us, instead of being passed around without your knowledge. This continuity means you’ll not need to repeat yourself, and can instead focus on what’s best for your loved ones.
Experience with complex estates
Even if your loved ones’ estate includes overseas property, business interests, or inheritance tax concerns, we can manage all aspects effectively and without undue stress for you. All of our work is carried out with discretion and care built around you.
Clear, practical guidance
Navigating Court of Protection processes can feel overwhelming, especially if you’re also trying to balance the emotional weight that this period can bring. Our specialists walk you through the entire journey in straightforward, actionable steps that break down any barriers that you might be feeling.
Transparent pricing
We understand that the cost of legal fees can seem daunting, especially when your loved ones’ estate is involved. We’ll make sure that you have complete transparency around associated costs, and will advise you if any additional fees are necessary for submitting applications or challenging Court decisions.
Secure peace of mind for you and your loved ones
If somebody you love is unable to make decisions on their own and doesn’t have a Lasting Power of Attorney, then you’ll need to work with the Court of Protection as soon as possible. Make this process easier by speaking to our solicitors – call your nearest office, or complete our contact form at the top of this page, and we’ll help you to navigate the process with minimal stress.
