Intestacy: how we achieved an inheritance settlement for a stepchild where there was no will
We recently represented a child whose non-biological father had died without having made a will.Read more
Court of Protection applications
The Court of Protection is the authority responsible for deciding upon the physical and financial wellbeing of people who have lost the mental capacity to make decisions for themselves. Its authority applies to people suffering with conditions such as dementia, Alzheimer’s Disease, brain damage, types of schizophrenia, and other mental conditions that can make someone a danger to themselves or others through harm or neglect.
One of the Court of Protection’s duties is to assign suitable persons (deputies) to make decisions about the care of people who have lost mental capacity.
We regularly advise clients on how to become deputies for others. .
The Court of Protection usually permits deputyship for people who meet all of the following criteria:
Professional deputies (such as solicitors) may also be appointed if the circumstances are appropriate.
Deputyship applications require the submission of numerous court forms dependent upon whether you are applying to take responsibility of the person’s property and financial affairs or their personal and medical welfare..
The application forms are complex and involve not only an assessment by a medical professional confirming the state of the subject’s mental capacity, but written statements to justify why you should become a deputy. The application process also includes a stage where other family members and individuals connected to the person will be invited to make objections if they have any.
A successful application requires a convincing legal argument that the court’s priority concerns toward the vulnerable person will be satisfied. This is best achieved with professional oversight.
As deputyship applications to care for someone who has lost mental capacity are often confusing and time-consuming, we will support you through the process from beginning to end. We help our clients to overcome any challenges and provide expert assistance in a compassionate, caring, and sensitive manner.
Alternatively, we can provide a professional Court of Protection deputy where appropriate. We have found that this can minimise friction between family members at what can be a difficult and emotional point in their lives.
Court of Protection applications
Our Wills, Probate, Tax and Trusts team is highly experienced in supporting clients in deputyship applications. Our clients include individuals, families, and owners of businesses of all sizes and worth.
We provide support for carers of people with conditions such as dementia or Alzheimer’s through to representing individuals who have suffered a serious injury and are in receipt of compensation.
We also have considerable expertise in advising deputies on specific issues regarding property and financial transactions, along with advising and creating statutory wills for an incapacitated individual.
When a person who has lost mental capacity is also a trustee, and other arrangements have not been made, it may be necessary to ask the Court of Protection to use its legal powers to appoint a replacement trustee. There are several aspects of the situation to consider before taking this step, but it is an area of work we are experienced in advising on.
If the Court of Protection has made a decision that you feel is not in your vulnerable loved one’s best interests, you have the right to challenge its decisions. Whether you have been denied deputyship, or you need to remove an unsuitable deputy or attorney, our dispute resolution experts are able to advise you on how to proceed.
Individuals who have not lost mental capacity can pre-emptively act to ensure people they trust are able to manage their affairs in the future if necessary. Our team is highly experienced and ready to advise in this area. To find out more, visit our powers of attorney page.
“Although we had no face-to-face contact we built up a good relationship with Will Harper who we dealt with exclusively. He answered the phone personally and promptly and replied to emails usually the same day.”
“The practice has recently dealt with my late mother-in-law’s estate, probate, deed of variation and associated house sale. Despite covid, this went very smoothly with no issues and was carried out speedily.”
“Flint Bishop dealt with my late father’s estate and land registry transfer in a very professional manner. Over the last year despite the virus restrictions, all communication by post and email was clear, concise and very efficient. A very satisfactory service was delivered.”
“This is a very professional company. Came to use them for my mother’s will on her passing and had the pleasure of Amelia Carruthers dealing with everything. She made the experience a lot less stressful and was always there to help on any issues. In fact so impressed, they have done our wills and powers of attorney and again fully explained everything. Well worth paying that bit extra for a quality service.”
“I have used Flint Bishop’s services on several occasions for various issues. My contact there, Shirley Illston, over the last 24 years has helped me in difficult times, when I needed good legal advice quickly. I would recommend their services for any legal assistance you require without hesitation.”
“Amelia’s expertise, together with her compassion, understanding and appreciation of the challenges we faced as a family following two very close bereavements, meant we did not have to worry about managing the affairs of the estates involved. Amelia’s passion for helping people and her caring nature really shone through, and this took a huge weight off our shoulders regarding the estate, at a time when we were consumed with grief. Outstanding from start to finish.”
The Barry Family
“Excellent service, have recommended you to friends.”
“Very impressed with the response I received from start to finish.”
“My mum, brother and I consulted Flint Bishop last July after my father passed away. My parents Will was made with Flint Bishop so it seemed right that we would consult them when my father passed away. It was a scary time for me, as my mum relied heavily on me to deal with the aftermath of my fathers death, funeral, Will etc. but Flint Bishop totally took the worry and strain away. Wwe dealt with Samuel Balmbra and from the start of the consultation he was professional and honest. We knew exactly the cost involved and what was happening at every stage. He made something daunting for us seem very simple. I would recommend Flint Bishop and I will use them again if and when the time arises.”
“Very professional and efficient and went way beyond our expectations.”
“We found Will Harper to be very helpful in dealing with my aunt’s Will and the sale of her property especially under the current COVID restrictions. If we had any questions they were always answered promptly and all has gone through very quickly.”
“Will Harper provided advice to me in relation to my mother’s Grant of Probate which was very complexed. I feel extremely fortunate to have had Will to guide me through this process at an extremely difficult and distressing time of my life. Will’s response to my enquiries was immediate, he always displayed compassion to my personal situation and would explain things in a way I could understand. Having not gone through the procedure before I had lots of questions and Will always took the time to listen to my concerns and I never felt rushed. This isn’t always the service you get with solicitors, however, after every contact I had with Will I felt more reassured. I have already recommended Will to a close friend and will continue to recommend his exemplary service.”
“Flint Bishop routinely acts on tax planning for high-net-worth individuals, and it also covers wills, estate administration, probate, trusts, Court of Protection and elderly client matters. Led by Claire Rudkin, the practice is increasingly active in cross-border matters and represents business owners, entrepreneurs and farmers, among others.”
“Words cannot express how much help and support Flint has been to me over the last five years. I just wished I had approached Flint Bishop when I first needed the advice and representation, not coming to you so many years later when things went awry. They have been truly wonderful and I thank them from the bottom of my heart.”
For more information and advice on Court of Protection applications, please contact us on 01332 226 162 or complete the form below.
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