Court of Protection Solicitors in Sidcup, Bexley and Kent
Illness or lack of mental capacity can mean that a person is not able to understand and sign a Power of Attorney to appoint a chosen person to be able to act on their behalf. If this is the situation, then an application can be made to The Court of Protection for one or more persons to be appointed as what are known as a Deputy.
The Deputy has a similar role to an attorney in that they are given authority to manage a person’s money and property and on some occasions to make decisions on behalf of person’s health and welfare.
The role of Deputy is a very responsible one as the person who is being assisted has not been able to necessarily choose that person to act on their behalf. For this reason the application is made to a special Court called the Court of Protection. The Court of Protection will expect the Deputy to report back each year on everything that they have done and a Court visitor may be sent out to see both the Deputy and the person they are representing.
A Deputy can be a relative, friend or a professional. In the case of a professional, sometimes it can be appropriate for a Solicitor and Partner in Woolsey Morris & Kennedy to be appointed. However, in other case it may be more appropriate for a Court appointed Solicitor to be appointed.
Apart from the application for the appointment of a Deputy, other applications can be made to the Court of Protection. This can include when the property of a person lacking mental capacity is to be sold and there is another joint owner. The Court will also consider granting orders to Attorneys where they wish to make a decision; such as making gifts; which is beyond their powers under a Lasting Power of Attorney. Please see the section regarding Powers of Attorney.
We will be there to guide a Deputy through what can seem a daunting Court application process and once appointed to thereafter provide ongoing support and assistance if needed.
Our services include:-
- Advising and assisting an applicant to be appointed as Deputy, which includes completing all the relevant Court forms and obtaining the required mental capacity certificate from a Doctor;
- Assisting with the completion of the annual returns to the Court of Protection;
- Where appropriate a Solicitor and Partner in Woolsey Morris & Kennedy will consider being appointed as a Deputy; and
- Advising and assisting in connection with applying for other orders issued by the Court of Protection.