When a family member or someone you know cannot make their own decisions, you may need to provide additional support, such as looking after their finances or making decisions about their care. To be able to provide the best care you can, you may need to apply to the Court of Protection.
What is the Court of Protection, and how could it help you?
Many people don’t realise that they cannot step into someone else’s shoes and manage their life, even if they have a serious illness such as Alzheimer’s disease. This includes if the person who needs help is your spouse or civil partner – organisations will often not let you access their accounts or handle their money or make decisions about their healthcare.
This is why many people make a Lasting Power of Attorney (LPA) to appoint someone they trust to help them if they lose the mental capacity to make their own decisions. However, you must have the mental capacity to make an LPA, and there are many reasons why someone may not get around to doing this, such as a sudden accident. In many cases, people just never find the time, or they may never have had sufficient capacity (for example, due to a lifelong learning disability).
The Court of Protection was set up to help in these types of situations. The Court can make a wide range of orders in relation to a person who lacks mental capacity (referred to as a ‘protected person’), including appointing people to look after their financial and/or health & welfare affairs (Court of Protection deputies).
How can our solicitors in Eastbourne help?
Court of Protection applications are very complex, requiring multiple forms with information about finances and a mental capacity assessment from a qualified medical professional.
This process can be very stressful, particularly if you are already spreading yourself thin in caring for your loved one. Mistakes are easy to make, and this can cause delays.
At Heringtons, we have a dedicated team for supporting elderly and vulnerable clients and their families with all their legal needs.
Our Eastbourne-based Court of Protection solicitors have many years of experience and are here to provide personalised advice about the issues affecting you and your family.
Our goal is to empower your protected person by making sure that you are able to provide the support they need, from securing legal authorisation to make decisions on their behalf (deputyship) to resolving allegations of abuse and exploitation.
We also have experience acting as professional deputies ourselves, either individually or alongside you.
As well as our Court of Protection work, our Elderly and Vulnerable client team provide a range of other legal advice, such as reviewing care plans and dealing with the sale or transfer of property.
See below for more information about how we can help or get in touch with us to discuss your requirements.
Get in touch with our friendly, experienced Court of Protection solicitors in Eastbourne
For advice about supporting vulnerable and elderly people, including advice about Court of Protection matters, contact our solicitors in Eastbourne.
Or fill in our online enquiry form, and we will be in touch shortly.
Our Court of Protection services in Eastbourne
We can advise on all Court of Protection matters and other issues affecting older and vulnerable people. Our expertise includes:
Deputyship applications
We offer legal advice about applying to the Court of Protection to become a deputy – a person allowed to make decisions about a person’s finances and/or welfare.
We can assist with both property and financial affairs deputyships and personal welfare deputyships.
Visit our deputyship page for more information.
Advice for Court of Protection deputies
We advise Court of Protection deputies about fulfilling their role and acting in the best interests of their protected person.
Our service covers all matters, including managing the protected person’s care plan and handling deputyship administration.
Professional deputyship services
We can act as professional deputies for people who lack mental capacity, either individually or alongside you. We will always act in the protected person’s best interests and apply the highest standards of care.
Advice about mental capacity assessments
Mental capacity assessments are central to all Court of Protection matters. We can provide advice about mental capacity, including how to conduct mental capacity assessments and making decisions for someone who lacks mental capacity.
One-off decisions
If your Deputyship Order or Power of Attorney does not cover a decision you need to make for a protected person, we can help you obtain a one-off decision from the Court of Protection.
Statutory Wills
People need the mental capacity to make or change their Will. If someone you know cannot make a Will, we can provide advice about applying to the Court of Protection for a Statutory Will, for example, to ensure the protected person’s wishes are respected or to make their estate more tax-efficient.
Selling owned and jointly owned property
If someone cannot consent to the sale of property because they lack mental capacity, our Eastbourne solicitors can provide advice about applying the Court of Protection to sell the property or appoint someone to consent to the sale.
Deprivation of liberty
Liberty is a human right, so it can only be restricted if it is in a person’s best interests. We advise individuals, hospitals and care home personnel about deprivation of liberty and applying the Deprivation of Liberty Safeguards (DoLS).
We can also advise on obtaining and challenging deprivation of liberty authorisation.
Urgent and emergency Court of Protection applications
We can provide fast advice about applying to the Court of Protection for an urgent or emergency decision, for example, to obtain consent to emergency medical treatment.
Protecting people from financial abuse
Unfortunately, older and vulnerable people are often put at risk of financial abuse and exploitation, usually by someone close to them. We can advise on protecting a person from abuse and exploitation, such as applying to remove a deputy. We also regularly liaise with the safeguarding units of local authorities and the police.
Get in touch with our friendly, experienced Court of Protection solicitors in Eastbourne
For advice about supporting vulnerable and elderly people, including advice about Court of Protection matters, contact our solicitors in Eastbourne.
Or fill in our online enquiry form, and we will be in touch shortly.