It is often a very sad and confusing time in life when a loved one loses the mental capacity to make decisions on their own. Our team of sensitive and caring Court of Protection solicitors in Hastings are here to offer a helping hand to ensure your loved one is properly cared for moving forward.
The team are devoted and highly experienced in helping vulnerable and elderly clients who have lost the mental capacity to care for themselves.
Our Court of Protection solicitors in Hastings have years of collective experience helping vulnerable clients and their loved ones with all types of matters, including those more demanding and requiring a further level of legal support. Our expertise includes:
- Court of Protection Deputyship
- Advice to deputies
- Acting as professional deputies
- Advice about mental capacity
- One off decisions
- Statutory Wills
- Selling owned and jointly owned property
- Deprivation of liberty
- Urgent and emergency applications
Working with the Heringtons team guarantees thoughtful and empathic solicitors who dedicate their careers to helping elderly and vulnerable clients during tough moments in life.
We pride ourselves on being approachable and offering a proficient and bespoke service where clients can be confident of receiving the best Court of Protection advice and guidance for their circumstances.
Get in touch with our friendly, experienced Court of Protection solicitors in Hastings
For advice about resolving your Court of Protection matter, contact our solicitors in Hastings.
Or fill in our online enquiry form, and we will be in touch shortly.
Our Court of Protection services in Hastings
Court of Protection Deputyship
If a loved one loses the mental capacity to care for themselves, you can apply to the Court of Protection for a Deputyship Order, which provides you with authority to make financial and wellbeing decisions on their behalf. There are two types: property and financial affairs and personal welfare deputies.
Applying to become a deputy can be complex and often incur delays. Should you need legal advice in Hastings, our solicitors for Court of Protection can navigate you through the application process, including checking your eligibility, and if eligible, filing out the relevant sections.
Advice to deputies
If you have been appointed a Court of Protection Deputy, it is a big commitment, so it’s crucial to receive legal advice if you are unaware of your responsibility.
Our Court of Protection solicitors in Hastings can ensure that you are completely aware of your duties as a deputy and make certain that you are carrying out your role correctly and aligned with all relevant legislation.
Examples of the expertise we can deliver deputies, includes:
- Making decisions on behalf of the protected person or alongside them.
- Contacting organisations regarding appointments concerning the protected person.
- Managing the protected person’s finances.
- Managing the protected person’s day to day care.
- Assistance handling admin tasks deputies are required to undertake, including managing accounts, reports, claiming expenses and more.
Acting as professional deputies
If you do not wish to carry out the role of a Court of Protection Deputy by yourself, you can get a professional deputy appointed who will handle the role on your behalf.
Our Court of Protection solicitors have considerable experience acting as professional deputies. We will always ensure that we work to the best of our abilities and put our client’s welfare and best interests above all else.
Advice about mental capacity
If you are uncertain about whether a loved one has lost mental capacity to make key decisions concerning important life matters, our solicitors can provide clear, realistic advice about mental capacity and the law behind it, which is set out under the Mental Capacity Act 2005.
Examples of the assistance our solicitors in Hastings can provide include:
- Legal advice on mental capacity principles.
- Carrying out mental capacity assessments.
- Liaising with healthcare professionals, including obtaining relevant evidence.
- Delivering advice and guidance to Court of Protection Deputies.
- Assisting deputies and attorneys with making decisions.
One off decisions
There can be certain situations where a Deputyship Order or Power of Attorney does not cover a particular issue, and those responsible can not make an amicable decision.
In cases like these, our solicitors can aid you in applying to the Court of Protection for them to make a one off decision for the incapacitated person.
There can be circumstances where someone has lost mental capacity but does not have a Will in place. However, a Will can not be put in place unless they have the mental capacity to understand exactly what it means, what assets they have, and the impact of having a Will means to their loved ones.
If a loved one lacks testamentary capacity, a Statutory Will can be put in place. Our solicitors can assist with the process, ensuring the incapacitated person has measures in place for after their passing but that is also in compliance with their best interests.
Selling owned and jointly owned property
Often when a person loses mental capacity, they are likely to move into a care home or to live with a family member or close friend who will take care of them. For someone that owns their property, it may be the most appropriate plan to sell the property, particularly if the funds are needed to pay for care home or living costs. However, an incapacitated person may not be able to consent to the property.
Our solicitors can assist with applying to the Court of Protection, where a trusted person can be appointed to consent to the sale of the property, particularly where jointly owned.
Deprivation of liberty
Everyone has liberty by human right, but for some situations preventing this is the most suitable way to ensure that they have the protection that they need. To take liberty away from an individual, the local authority can grant this so long as the Deprivation of Liberty Safeguard guidelines is precisely followed.
Our solicitors in Hasting can aid a range of clients, including individuals, hospitals and carers, in making an application to the local authority, in addition to advising on exactly how to follow the set guidelines. Should any individual wish to challenge a deprivation of liberty, our team of specialists can provide practical guidance and support throughout the process.
Urgent and emergency applications
Court of Protection orders can sometimes be delayed, which can be detrimental when there is a situation which urgently requires assistance or a decision. There are, however, two options available. These are known as:
- Urgent Interim Orders – If you have been waiting for a deputyship application to go through but need to make an urgent decision or a one off decisions, an urgent interim order can allow this.
- Emergency Orders – If the incapacitated person is in a vulnerable position or at high risk, an emergency order can grant immediate assistance or decision.
Our solicitors in Hastings can assist with making an urgent application to the Court of Protection, making sure everything has been done correctly, so there are no mistakes and delays in the process.
Get in touch with our friendly, experienced solicitors for Court of Protection in Hastings
For advice about resolving your Court of Protection matter, contact our private client solicitors in Hastings.
Or fill in our online enquiry form, and we will be in touch shortly.