Court of protection applications

If a loved one has lost the ability to make decisions for themselves, had a stroke or is suffering from dementia, you may need to step in to help them. At Mooney Everett Solicitors in Ormskirk, West Lancashire, our expert lawyers offer advice on all aspects of wills and probate law.

If your loved one has not made a lasting power of attorney, the Court of Protection will need to appoint a deputy to make decisions and act on their behalf. This is usually a family member, a friend or a solicitor, but it could be someone from the local authority or their care home.

The appointed deputy may have control over all your loved one’s assets. This could include access to their bank account and even authority to sell their house to cover care costs. The deputy may also be granted authority to decide where they live and what medical treatment they receive.

Instead of leaving it to strangers, we can help you apply to the Court of Protection for a deputyship order. We can advise you on whether to apply to become a financial deputy or a personal welfare deputy or both.

We will need to obtain medical evidence about your relative’s condition from their GP. Other family members will be notified of the application and will be given an opportunity to object. The court will then review all the facts and decide whether to grant the order.

It can take the Court of Protection a long time to process your application. During this time your relative’s bank account may be frozen and you may have no authority to make decisions on their behalf.

If you need to intervene urgently to dispute a medical or care decision, or need urgent access to funds, we can help you to apply for an interim order.

If you are appointed as a deputy for your loved one, your actions will be supervised by the court and you will have to ask the court’s permission to do various things. If it decides that you are not suitable, it may appoint a professional person, such as a lawyer or local authority, to take on this role instead.

There is no need to have to deal with the Court of Protection if your relative has a lasting power of attorney, giving these powers to a trusted friend or family member.

At Mooney Everett we explain things in plain English, free of any jargon. We will discuss all the options with you, outlining the costs involved from the outset, and we make sure that you are kept informed regularly.

For confidential advice, contact Pam Briscoe, head of the wills and probate team in Ormskirk, on 01695 574111 or email email hidden; JavaScript is required to arrange an initial appointment.  We also offer Skype meetings at a time that suits you.

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