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When a loved one does not have mental capacity to make important decisions for themselves, the Court of Protection can appoint you as their deputy, empowering you to make those decisions on their behalf, including decisions about their money, property, health and wellbeing.
Making an application to the Court of Protection can be complicated, confusing and intimidating, but our highly experienced Court of Protection solicitors can skilfully guide you through the entire process, keeping things simple and stress-free.
We are also highly experienced in advising Court of Protection deputies on carrying out their duties and making additional applications to the Court, such as for a statutory Will. That way, you can be confident you are properly discharging your responsibility to your loved one and following the Court’s deputyship rules.
Our team also regularly advise clients on dealing with deputyship disputes, so can help you unpick even the most complex conflicts with empathy and a pragmatic approach.
Get in touch with our Court of Protection solicitors in Alconbury now by calling 01480 587099 or feel free to pay us a visit.
We can help with any legal matters involving the Court of Protection, including applications to the Court, carrying out the duties of a Court of Protection deputy and dealing with deputyship disputes.
We can guide you through the entire process of applying to become a Court of Protection deputy, as well as application related to specific issues, such as selling a property or applying for a statutory Will.
Our Alconbury Court of Protection solicitors can advise you on properly carrying out the duties of a deputy, including following the terms of your Deputyship Order and meeting legal requirements, such as producing properly annual accounts.
If there is a dispute over how a deputy is carrying out their duties, we can advise you and help to find a positive outcome without the need for court action wherever possible. Where the matter cannot be resolved amicably, we can support you through any resulting court action, helping to secure the best available result.
There are two different deputyships you can apply for:
Property and financial affairs deputy – This allows you to deal with issues such as paying bills and organise the pension of the subject of the Order.
Personal welfare deputy – This allows you to make decisions about medical treatment the subject or the Order receives, as well as about their day-to-day care e.g. their diet, how they are dressed etc.
The exact decisions you are able to make will be set out in the Deputyship Order.
There are a number of different forms you need to fill out, including:
Court of Protection application form – Including details of exactly what is being applied for and who this will affect.
Assessment of Capacity form – With which you will need to submit the expert opinion of an appropriate professional to support the subject of the application’s lack of mental capacity.
Deputy’s Declaration – Detailing your own personal and financial circumstances and how you would make decisions on behalf of the person you wish to act as deputy for.
This will depend on the circumstances, including whether there are any objections to the application, but it typically takes around 2-3 months for an application to be accepted by the Court of Protection.
Any person considered suitable by the Court of Protection can become a deputy. Most commonly it will be a family member or close friend of the vulnerable person who needs help making decisions, although sometimes a professional deputy, such as a solicitor, may be appointed if the Court deems this appropriate.
Our Court of Protection solicitors are highly experienced in dealing with all areas of Court of Protection work, so can offer clear, effective advice delivered with empathy and sensitivity.
The team is led by Roythornes’ Partner Elizabeth Young, a highly experienced lawyer who sits on the Court of Protection Panel of Professional Deputies and is a full accredited member of Solicitors for the Elderly (SfE).
The team also includes solicitor Gemma Hopper, who has a strong background in handling complex deputyship issues and deputyship disputes, and specialist Court of Protection Executive Alexandra Stephenson, who is an Alzheimer’s Society Dementia Friend giving her vital insight into supporting vulnerable older people. We have most recently been joined by Kerry-Jo Hatfield who brings her own unique experience of legal practice in mental health work to the team.
Our team will also be happy to talk to you over the phone or via email and we can also visit you in your home or care home to ensure you can conveniently access our services.
For help with any Court of Protection issues in Alconbury, Cambridgeshire and the surrounding area, please call our specialist Court of Protection solicitors now on 01480 587099 or pay us a visit.