To start with, you need to know what the Court of Protection is and who does it help. The Court of Protection aims to assist individuals who lack the mental capacity to manage their own assets.
The Court of Protection is a court that has the authority to deal with decisions or actions taken under the Mental Capacity Act. It has the authority to make financial, property, health, and welfare decisions for people. However, they may delegate these powers to someone else, such as a relative or close friend, which can then manage their loved one’s assets.
This is dependent on whether any plans were made before the person lost mental capacity.
If the individual had a Lasting Power of Attorney in place before losing capacity, their affairs would be managed by their appointed Attorney. If the person loses capacity without such a document, a friend or relative can apply to become a Court of Protection Deputy to make decisions on their behalf.
Power of Attorney gives an appointed Attorney the authority to make welfare and/or financial decisions on behalf of someone who has lost the capacity to do so themselves. Such powers are outlined in a Power of Attorney document, which is created by a person while they are still mentally competent.
Whenever a Power of Attorney is not already in place, a Court of Protection order is usually used. The order authorises a Deputy, appointed by the Court, to manage the affairs of someone unable to manage them directly. This occurs after they have lost their mental capacity.
A Court of Protection order can then be used to grant an Attorney additional powers when dealing with matters of someone who lacks mental capacity.
Ackroyd Legal has a dedicated team of specialist Wills & Probate solicitors who will guide you through all the processes of acquiring a Court of Protection.
Our solicitors have an efficient and sensitive approach to support you and your family in any difficult moments you may be facing. We are here for you and happy to help.
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