Our dedicated and friendly team give specialist advice to elderly clients and their families on:

  • Lasting Powers of Attorney – Property and Financial affairs and Health and Welfare Powers of Attorney
  • Asset Protection and Gifting of the Family Home
  • Funding for Residential and Nursing Homes and/or Cost of Care in your Home
  • NHS Continuing Healthcare Funding and Local Authority Funding
  • Advance Decisions (living Wills)
  • Court of Protection Applications including Statutory Wills (please see information below)

What is the Court of Protection?

The Court of Protection is a branch of HM Court Service and has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.

What is the role of the Court of Protection?

The Court of Protection has powers to deal with all matters that relate to persons who are over eighteen years of age and lack the requisite capacity to deal with their finances, personal welfare and other matters such as being capable to make a Will. The Court can appoint a Deputy to deal with that person’s affairs and/or personal welfare, grant an Order for a Statutory Will to be drafted on behalf of the incapacitated person, appoint new Trustees in their place and authorise certain gifts. Personal Welfare issues can cover where a vulnerable person should live and how they are cared for. The Court of Protection will also decide upon whether the person concerned lacks mental capacity before deciding upon making an Order.
The first step before an application to the Court of Protection therefore would be to obtain a Medical Certificate to ensure that the route of the Court of Protection is applicable as opposed to the person being able to sign a Power of Attorney.

Who can apply to the Court of Protection?

Anyone can apply to the Court of Protection to be appointed as a Deputy but usually it would be a family member. The same person can also apply for a Statutory Will and all other relevant applications. The appointed person would have to be over the age of eighteen years.

If a Lasting Power of Attorney or an Enduring Power of Attorney has already been created by the person who has been deemed to have lost capacity then the Court of Protection will not need to be involved. This is something that we advise upon.

How we can help

We deal with all Court of Protection Applications ranging from the preparation of papers for the appointment of a Deputy to deal with financial affairs and personal welfare to the removal of the incapacitated person as a Trustee and drafting Statutory Will applications.

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Need advice? Email us enquiries@terry-jones.co.uk