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Court of Protection

Court of Protection Solicitors Manchester & Stockport

 

When someone close to you becomes unable to manage their affairs due to old age, injury or illness, it can feel overwhelming and confusing. We understand just how difficult and upsetting this situation can be but you don’t have to navigate this path alone. The trusted team of solicitors at Clifford Johnston & Co can offer you the specialist legal advice you need on everything from applying to the Court of Protection to deputyships, ensuring that everything is dealt with as effectively and efficiently as possible.

We will deal with your situation sensitively and with understanding and are happy to come and meet you at your home to help you feel as relaxed and comfortable as possible. Our friendly and personable approach will help to put you at your ease and we will provide clear and straight forward advice to make sure you have the best possible support and guidance throughout.

With offices around Stockport and Manchester, we are here to help so call us in confidence on 0161 975 1900 and speak to our legal team today.

What is the Court of Protection?

The Court of Protection is there to protect the interests of those who are unable to make decisions about their finances, health or welfare. This could be a temporary or permanent condition and the details can be found in the Mental Capacity Act of 2005.

Although we would always advise that people plan ahead and put a lasting power of attorney in place for situations such as this, we recognise that this is not always possible and are here to help you resolve the subsequent issues. If a relative or loved-one is no longer able to manage their affairs, we can help you to make an application to the Court of Protection.

Its responsibilities include:

  • Establishing whether a person has the mental capacity to make their own decisions.
  • Appointing deputies to make ongoing decisions on behalf of anyone who lacks mental capacity.
  • Permitting an individual to make one-off decisions on behalf of someone who lacks mental capacity.
  • Handling urgent or emergency applications where a decision must be made on behalf of someone else without delay.
  • Making decisions about a lasting power of attorney or an enduring power of attorney and considering any objections to their registration.
  • Considering applications to make statutory wills or gifts.

Power of Attorney

A power of attorney is a legal document that allows someone to nominate another person to act and make decisions on their behalf should they ever be unable to do so themselves.  This is usually a relative or friend but can also be a professional such as a solicitor or accountant. It is important that this decision is made while the person still has the mental capacity to do so.  Without a valid power of attorney, the Court of Protection will appoint a deputy instead.

Deputyship

The Court of Protection will make a decision to appoint a deputy to manage a person’s welfare, property and financial affairs when that person no longer has the mental capacity to decide for themselves and when there is no valid power of attorney in place.  The person appointed can be a relative or friend or someone professionally appointed, such as a solicitor.

Our expertise

At Clifford Johnston & Co. we are always mindful that everyone’s individual circumstances are different and will provide you with a fully bespoke service to suit your specific needs and those of your loved one.

Our legal team is able to advise on all aspects of the Court of Protection including:

  • Appointing deputies
  • Professional deputies
  • Welfare deputyship
  • Health and welfare disputes
  • Lasting power of attorney
  • Enduring power of attorney
  • Statutory wills and trusts
  • Personal injury trusts
  • Court of Protection disputes

We can provide a full professional deputyship service or can offer support and guidance to family deputies. We are happy to liaise with everyone involved including the medical team and other relatives to lift the weight of burden from your shoulders.

You may need us for one-off support or for ongoing advice but, as Court of Protection specialists, you will find that we have the expertise to help.

For more information, contact our Court Of Protection Solicitors, Part of our team of Wills & Probate Solicitors in Manchester or Stockport

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