Court of Protection

A lasting power of attorney is made by a person who still has mental capacity and wishes to appoint someone they trust to deal with their property and finance or their health and welfare should they lose mental capacity for whatever reason, usually illness or old age.

A lasting power of attorney should be registered with the office of the Public Guardian who will keep a record of these documents.

However, not everyone who loses mental capacity has necessarily made and registered a lasting power of attorney. Any decision regarding the property and finances or the health and welfare of such a person needs to be made by somebody with mental capacity on their behalf.

In this situation it is usually a close relative who will be best placed to make an application to the court protection for authority to make decisions regarding the property and finances or the health and welfare of such a person. Applications to the court protection involve considerable paperwork and can take many months.

We can assist bone fide applicants with their applications to the court protection and maximise their prospects of obtaining an appropriate order enabling them to deal with the property and finances or the health and welfare of someone close to them who lacks mental capacity.

de Spéville

Solicitors

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