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Court of Protection

Blacks Solicitors’ expert Wills & Probate team can help you with obtaining Deputyship Orders 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) have not 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.

Statutory Wills

Where an individual doesn’t have a Will, or a Will that doesn’t fit their current circumstances, and they do not 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.

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What our clients say

  • I engaged with Nadine Owens of Blacks to prepare my parents wills and LPAs. The service that Nadine offered was both professional and personable. Ultimately it was a very difficult situation for Nadine to deal with but she handled the whole process fantastically well, always on hand to provide advice and ensure that we were all updated every step of the way. I would have no issues in recommending Nadine and Blacks moving forward, based upon my experiences to date.

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  • Lucy was incredibly helpful and efficient and it was all sorted and carried out effortlessly and in a friendly manner, which makes the whole situation far more bearable, especially for my Dad. Lucy is an obvious credit to your team.

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  • I just wanted to say thank you for everything you have done for us. It was a great relief to me when you took on the probate for us and guided us through the process. In the past, we have always found Blacks extremely helpful and professional and this continued with sorting out my mum’s estate. Thank you so very much.

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  • It has been so good to talk it all over with you. You understand the issues so well and clearly grasp what I want to achieve.

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  • I’ve had such good service from you once again. It’s good to know that when I get in touch, you will be here and will be able to keep on looking after things for me so well.

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  • Outstanding service. Your technical knowledge, attention to detail and efficiency have been second to none and without it I am certain that we would not have achieved such a good outcome. The way you have dealt with me as a client has been sympathetic at a difficult time but also you have a friendly, professional and approachable manner meaning I felt I could talk to you about anything and have the confidence that you would have the right answers. I would have no hesitation whatsoever in recommending you to friends, family, colleagues and acquaintances.

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  • Throughout the process Nick has acted with care, sensitivity and attention to detail. Not all matters have been entirely straightforward but Nick has provided clear and accurate advice, has always been available (even during his holidays) and has dealt with matters promptly and efficiently, whilst always keeping me informed.

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  • 
Nick was very prompt, polite, knowledgeable and patient. He offered us some great advice on how our new will could be drafted to maximise the benefit to our family, whilst taking the interest of our employees into consideration… Based on my experiences, I would have no hesitation in recommending Blacks to anyone looking for quality, efficient legal services.

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  • I have recently been supported in a legal matter by Nick Rhodes of Blacks Solicitors. He has been professional, efficient and responsive throughout our interaction. His advice has been sound and invaluable through what is a very difficult ongoing process.

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  • Lucy Rigden was outstandingly efficient and helpful.

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  • I know nothing about the law. At times like these you need a solicitor who can explain so as to enable a client to make intelligent, rational decisions with appropriate advice. Lucy did all of this for me.

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  • Lucy – thank you so much for all your help whilst we were over in the UK. It was a pleasure working with you and I would not hesitate to recommend you to any family or friends.

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