There are different types of applications that can be made to the Court of Protection. The aim being to authorise someone else to make a decision on behalf of a person who lacks the mental capacity to do so for themselves.
Where possible, Lasting Powers of Attorney are always the best option as they provide flexibility and control. However, where a person lacks mental capacity and does not have LPA’s in place, family members must apply to the Court of Protection.
The common application is a Deputyship Order to manage a person’s financial affairs. Whilst Personal Welfare Deputyship Orders are possible, they will only be made in very specific circumstances.
To make a valid Will, a person must have mental capacity. However it is possible to apply to the Court of Protection to make a Statutory Will where it is considered necessary.
Deprivation of Liberty Safeguards (DoLS)
These safeguards ensure that vulnerable people in care homes, hospitals and supported living arrangements, who lack capacity, are looked after in a way that does not restrict their freedom or deprive them of their liberty.
There may be circumstances when the Court of Protection can be asked if a person can be deprived of their liberty.
The application process whilst straightforward can soon become complex, lengthy and costly. As you will be applying to act on behalf of someone else, it is important that you obtain the right advice from the outset from an expert.
Our Solicitors work with the vulnerable on a daily basis. As we are familiar with the court process and when decisions are likely to be authorised, we can tailor your application effectively.
The application process usually takes several months to complete and can be a daunting task. There are several stages involved in the process.
Our experts can help deal with matters with ease and efficiency to ensure that there are no unnecessary delays in your application. Contact us to see how we can help.
“Mary: A complicated process made simple. Thank you.