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Court of Protection

Will

Court of Protection Solicitor

When a person no longer has the capacity to deal with their own affairs and there is no power of attorney in place, the family experience difficulty in gaining access to their bank accounts, selling property and paying any outstanding accounts.

In this type of situation it will be necessary to make an application to the Court of Protection to appoint a Deputy to deal with the persons’ affairs.

The role of a Deputy is similar to that of an Attorney; as they must manage the property and affairs of that person, make decisions with regards to health and welfare and at all times act in their best interests.

Court of Protection Application

In order to make an application to the Court of Protection you will need to ascertain as to whether or not you require permission from the Court. You will not usually need permission if the application relates to property and affairs, but it is required if the application relates to health and welfare.

Our team of Manchester based Court of Protection Solicitors will be able to assist you in making the correct application depending on the circumstances of the case. The following fees are payable to the Court of Protection but an application for exemption or remission may be made if the person to which the application relates receives a low income:-

Application Fee £400.00
Appeal Fee £400.00
Hearing Fee £500.00
Copy Document Fee £ 5.00

Court of Protection Powers

The Court of Protection has the power to:

  • Decide whether a person has the capacity to make decisions for themselves.
  • Make orders on financial or welfare matters affecting people who lack capacity to make these decisions.
  • Appoint a deputy to make ongoing decisions.
  • Decide whether a Power of Attorney is valid.
  • Remove deputies or attorneys who fail to carry out their duties.
  • Hear cases concerning Power of Attorney applications.

Patricia Prescott a Solicitor at Latimer Lee Solicitors Limited, deals with many aspects of the Court of Protection ranging from appointing a deputy, liasing with the Official Solicitor in respect of statutory wills to assisting lay deputies in fulfilling their duties.

We aim to provide you with the support you require together with the information you need to obtain to make an application.

 

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