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Court of protection

If a relative or next of kin has failed to put in place a valid enduring or lasting power of attorney and has subsequently lost their mental capacity, then in order to deal with their legal and financial affairs you will need to apply to the Court of Protection to be appointed as their deputy.

The Court of Protection is based in London and is an arm of the court service that determines the best course of action for those who lack the mental capacity to make their own decisions on financial and welfare matters.

You may need to apply to the Court of Protection if:

  • you need the court to determine whether someone has the mental capacity to make a particular decision for themselves;
  • you would like to appoint a deputy to make decisions regularly for someone who lacks mental capacity;
  • you need permission to make a one-off urgent or emergency decision to be made for someone who lacks mental capacity;
  • there has been an objection to the registration or use of a lasting power of attorney or enduring power of attorney;
  • you want to make a statutory will or change a will on behalf of someone who cannot do it for themself;
  • you are concerned about deprivation of liberty under the Mental Capacity Act.

If you believe that you need to apply to the Court of Protection, the specialist wills and probate lawyers at Ansons Solicitors in Cannock and Lichfield can assist you with the application process and advise on any issues that arise involved along the way.

For a confidential discussion, please contact Marie Tisdale on 01543 267 981 or email mtisdale@ansonssolicitors.com.

 

 

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