Court of Protection and Deputyship
If you do not have a Lasting Power of Attorney and then lose the mental capacity to deal with your own affairs, either by way of accident, or other illness your spouse or partner will not be able to access your assets or manage your financial affairs and welfare needs.
Your family may need to involve the Court of Protection – the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.
The Court of Protection will appoint someone known as a Deputy, to manage that persons affairs. A Deputy can be a family member, a friend or a professional. Our experienced Partners at Spire Solicitors LLP act as a Deputy for a number of clients.
The Court of Protection will always act within the best interests of the individual and once the application is made, the court will consider the medical evidence and the appropriateness of the proposed Deputy. If they are happy, they will make an Order appointing the Deputy. The subject to the requirements of the Mental Capacity Act 2005 and the requirements of the Court of Protection.
Ideally, we encourage people to get their affairs in order before they become incapacitated but, where this has not been possible, we can help resolve the issues that people face once they are unable to manage on their own.
Specialist legal advice is crucial in protecting individual’s rights and never more so than where someone does not have the mental capacity to look after their affairs or make decisions themselves. Our experienced team are well placed to protect vulnerable members of society, giving you piece of mind that your loved ones financial and legal affairs will be protected. We understand that this can be a sensitive and sometimes stressful for you so we treat the situation with sensitivity, meeting you in the comfort of your own home, with relatives or within a care facility.
Our private client team are happy to liaise with your relatives, friends or healthcare professionals to make the process as easy as possible.