Court of Protection
The Court of Protection is a special court which is set up to assist those who are unable to make decisions about their property and financial affairs or health and welfare decisions (where they have not made or could not make lasting or enduring powers of attorney). In these circumstances, a deputy is appointed by the Court to assist the individual concerned.
Several members of the team at The Head Partnership have acted as professional deputies over many years and together have considerable experience of this complex and challenging area of law.
Property and financial affairs
If you have a loved one or friend who has lost mental capacity and needs assistance with their property and financial affairs, we are able to assist you with an application to the Court of Protection. We will prepare a detailed application which confirms the financial position for the person involved, commission a medical report to assess capacity, and ask the Court to appoint a deputy to manage their property and financial affairs on an ongoing basis.
Health and welfare decisions
Furthermore, we can also assist in relation to one off applications for health and welfare decisions.
It is possible to apply to the Court for permission to make decisions about health and welfare on an ongoing basis, but such applications are complex and rarely approved by the Court. Nonetheless, we have had some success with such applications and we would be happy to speak with you about this if it would be relevant to your circumstances.
Associated applications to the Court of Protection
We can also assist existing deputies with applications to the Court for permission to make gifts, statutory Will applications, permission to buy and/or sell property, inheritance tax planning, and applications for a deputy to retire.
Ongoing administration for deputyships
The Court of Protection requires stringent compliance by the deputy to the administrative standards set by the Court. We can assist deputies with ongoing compliance, the preparation and submission of the annual return, and maintenance of the deputy’s security bond.