Court of Protection

If someone else has to manage your financial affairs because you have become mentally incapacitated then ideally a Lasting Power of Attorney (LPA), or the old system of Enduring Power of Attorney (EPA), should have been prepared authorising someone you have chosen to deal with these matters on your behalf.

If there is not an LPA or EPA in place then the only option that is left for someone who needs to deal with your affairs is for them to involve the Court of Protection ("the Court”). It is usually your next of kin or someone else (if no next of kin) that will have to make an application to the Court of Protection to be appointed as your “Deputy”.

The process can be lengthy and costly and your Deputy may end up being the person that you would not have chosen yourself, hence the importance and necessity of preparing an LPA. Until the Deputy has been appointed by the Court your affairs will remain in limbo and your assets frozen.

Sometimes, if funds are required urgently to pay nursing or residential care fees then we can help the Deputy by applying to the Court for their authorisation to release funds immediately from your bank or building society account – but again this involves time and costs. Once appointed the duties of a Deputy can be onerous.

With our professional expertise we can assist with Deputy applications and help get the incapacitated person’s affairs in order as soon as possible by applying to the Court.

To discuss how we can help you please email Nick Scott or call us on 01908 692769.