Partner, Joint Head of Private Client
The Court of Protection is the Court governing the affairs of vulnerable people in England and Wales. Set up by the Mental Capacity Act of 2007, the Court serves to protect those that are unable to make decisions for themselves relating to their property and financial affairs or their health and welfare (P).
Applications can be made to the Court by appointed Attorneys acting under an Enduring Power of Attorney or Lasting Power of Attorney where a decision requiring the Court’s authority is required. Typically such matters will involve issues involving certain types of medical treatment which are outside the scope of authority conferred by a Lasting Power of Attorney for Health and Welfare (such as invasive treatment) or the sale of certain types of assets and estate planning matters for Attorneys acting under a Lasting Power of Attorney for Property and Financial Affairs or an Enduring Power of Attorney.
Where Trustees for existing Trusts have lost capacity, it can be necessary to apply to the Court for removal and appointment of a New Trustees in their place.
In some instances, it will be necessary to apply to the Court of Protection for the removal of a person already acting under a Lasting Power of Attorney or Enduring Power of Attorney, perhaps for reasons of financial abuse of P. Applications of this nature are often time sensitive and urgent.
The Court of Protection also deals with the appointment of a Deputy to manage the affairs of P where P has not appointed an Attorney under a Power of Attorney. This is known as a Deputyship Order
Our experienced team can assist with applications to the Court of Protection for existing Attorneys that require court directions for particular issues or making applications for Deputyship. We can also provide advice to determine whether an application to the Court is necessary as applications to the Court should always be a last resort after other avenues have been exhausted.
Costs of making or advising on Court applications will usually depend on the particular situation. However we are always happy to talk through a situation and give you an estimate of costs before commencing any work.
For more information, contact one of our specialists.