Court of Protection

If someone does not have the mental capacity to make a decision for themselves (and have not previously put in place a valid enduring power of attorney, property & financial affairs lasting power of attorney or if they have but there is a dispute between those attorneys), it is possible for someone to make an application to the Court of Protection for either:

• A specific order regarding their property and/or financial affairs, or;
• A general order appointing them to become a deputy responsible for managing that person’s property and financial affairs.

In some circumstances, it may also be possible to apply for an order from the Court of Protection for a decision regarding somebody else’s health, welfare, or medical treatment, if that person lacks the mental capacity to make that decision themselves.

If someone does not have the mental capacity to make a will, it is possible to apply to the Court of Protection for permission to create a statutory will on their behalf.

Please do not hesitate to contact James Patterson on 01253 922777 or email: james.patterson@coupe-bradbury.com for advice regarding a possible application to the Court of Protection or following your appointment as a deputy by the Court of Protection.