Court of Protection
Blacks Solicitors’ expert Wills & Probate team can help you with obtaining Deputyship Orders from the Court of Protection in a smooth and efficient manner (as well as making emergency applications if required).
Where an individual lacks capacity to make decisions regarding their property, financial affairs, or their health and welfare, and Lasting Powers of Attorney (LPAs) haven’t been made, it is necessary to apply to the Court of Protection for someone to be appointed as Deputy.
A Deputy has authority to make decisions on behalf of an individual and is supervised by the Court. The Deputy must account to the Court on at least an annual basis for every decision made and to show how the money has been spent.
Blacks’ Wills & Probate team have significant experience in assisting families with Court Applications and are often appointed as Deputies on behalf of individuals who don’t have suitable family members to act in this role.
Application for Deputyship Orders
The first step is to apply to the Court for a Deputyship Order. This is the document which sets out the Deputies authority to deal with an individual’s affairs.
For families, the Court process can add another burden onto what is often a difficult time when caring for an incapacitated family member. However we can provide support to ensure that the process runs smoothly.
Once the Deputy has been appointed, we can also provide ongoing advice for individual Deputies and deal with the management of financial affairs for clients for whom we act as Deputy.
Where an individual doesn’t have a Will, or a Will that doesn’t fit their current circumstances, and they don’t have the mental capacity to update their Will, it is possible to apply to the Court for a Statutory Will.
This is a detailed application setting out not only the proposed terms of the new Will but also detailed information regarding the individual’s family and financial circumstances.
We act for numerous clients in this situation and have successfully ensured that many clients who would have died without a Will, pass away with a valid and up to date Will in place.
Specific Order Applications
In certain circumstances, Deputies already appointed by the Court may need to apply for further permission to carry out specific transactions. For example, authority to sell a property or make gifts.
We can assist Deputies in making Applications for Specific Orders to help ensure the consistent management of an individual’s financial affairs.
For more information about the Court of Protection, or for a free no obligation discussion, please email or call Blacks’ Wills & Probate team today on 0113 207 0000.