With an increasingly ageing population, it is inevitable that at some point in your life, you will be faced with questions about LPA, Deputyships, mental capacity or care funding for a loved one.
At WBW, we have a dedicated team of professionals who specialise in all things relating to the Court of Protection, and who can advise and assist when you or your loved ones need it most.
Many people pre-plan for a time when they are no longer able to manage their affairs, by creating Lasting Powers of Attorney but where a person has not done so, or the chosen Attorneys are no longer willing or able to act, the Court of Protection is there to assist.
The role of the Court of Protection is to protect, enable, support and empower individuals who do not have the mental capacity to make their own decisions as a result of accident, injury, old age or illness. The Court will agree (or otherwise) to the appointment of a Deputy for an incapacitated person and also makes one-off decisions where such a decision cannot otherwise be reached, for example, in relation to life-sustaining treatment.
The role of a Deputy is one not to be taken lightly. There are statutes, case law, and Deputy standards to follow in order to ensure that you are always acting in the person’s best interests. The issue of conflicting interests (where for example a parent and child co-own a property and that child is then appointed as Deputy for the parent) is one that often arises and requires very careful consideration.
The Office of the Public Guardian (OPG) provides support and supervision to Deputies as well as requiring an annual financial report to be submitted by the Deputy, in relation to each incapacitated individual.
Many people are now turning to professionals to assist with these roles and at WBW, we have a team of lawyers and support staff on hand to help you.
Our specialist team have a wealth of experience and can assist with the following;
- Applications to the Court for both routine Deputyship Orders as well as one-off standard and urgent applications
- Acting as a professional Deputy or Attorney
- Acting as an Attorney when a person is able to continue dealing with their affairs but choses not to
- Advice to people who are already appointed as an Attorney or Deputy
- Assistance with the completion of the annual reports
- Advice relating to care funding and properties
- Contested Court of Protection proceedings
Please do get in touch with our team today if we can assist you. You can contact me, Nadia Kelley, on 01626 202386 or email nadiakelley@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
