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Court of Protection

Unfortunately, family members and loved ones, when being cared for, may no longer have the mental capacity to make decisions about their own financial affairs or welfare.

This will then involve an application to the Court of Protection. Our Court of Protection Team can help.

What is the Court of Protection?

Where a person is unable to deal with their own affairs through mental incapacity, a department of the UK Court service called the Court of Protection is able to make decisions on behalf of the person lacking capacity.

They have the power to appoint other people to help the person lacking mental capacity deal with their financial affairs and issues relating to their health and personal welfare.

What services do we offer?

Our specialist Court of Protection Team can help with:

Lay Deputy applications – This is where a friend, family member or loved one applies to the Court of Protection to be appointed as Deputy to make decisions in the best interest of the person who no longer has capacity.
Acting as Professional Deputy – A Professional Deputy is a solicitor or other professional appointed by the Court to deal with the financial affairs of their client and, on rare occasions, welfare decisions. A Professional Deputy is usually appointed when there is no suitable Lay Deputy available.
Contested Court of Protection applications – If you believe that a Deputy who has been appointed under the Court of Protection or an Attorney appointed under a Lasting Power of Attorney is abusing their authority, an application can be made to remove them and substitute them with someone else.

Key Contact

Paul Berresford

Tel: 01246 560598 Email: paul.berresford@brmlaw.co.uk

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