When a someone becomes unable to manage their affairs, it can be highly distressing both for them and the people who care about them. It can also make day-to-day life very difficult when decisions need to be made about issues such as their health, welfare, property and finances.
The Court of Protection exists to ensure the affairs of people who have lost capacity can be effectively managed, either by their loved ones or a trusted professional, such as a solicitor. Dealing with the Court of Protection can seem confusing or intimidating, but with the right legal support, it can be made much more straightforward.
At Thornton Jones, we understand the challenges loss of capacity can bring, both for individuals and their loved ones. Our team can offer the detailed guidance and empathetic personal support you need to make sure your loved one’s needs are met.
We can advise you on all aspects of Court of Protection applications and acting as a Court of Protection deputy, as well as being able to act as professional deputies where required.
To discuss your needs with our sensitive and supportive Court of Protection solicitors in Garforth, Leeds, please get in touch.
How our Court of Protection solicitors in Garforth can help you
Court of Protection Deputyship
If you need the legal authority to make decisions about a loved one’s health, welfare, property and/or finances, you can apply to the Court of Protection to become their deputy.
Becoming a Court of Protection deputy for someone gives you the power to make decisions about matters such as what medical treatment they receive, how their bills are paid and what happens to their homes, depending on the terms of the deputyship.
There are two types of deputyship you can apply for:
Property and Financial Affairs Deputyship – Allows you to make decisions about issues including collecting and managing a person’s income (including state benefits and pensions), paying their bills and dealing with their home (including selling it, if necessary).
Personal Welfare Deputyship – Covering issues such as what medical treatment they have, where they live, who has contact with them and their day-to-day care. It is uncommon for the court to appoint a Deputy to make general health and welfare decisions. It is more common that a court will grant an order relating to a specific issue such as who the person will live with.
For someone to make a Will, they must be ‘of sound mind’, meaning someone who lacks mental capacity cannot normally make a Will. Where you need to clarify what will happen to the estate of someone who lacks capacity when they pass away, you will therefore need to apply to the Court for a Statutory Will.
You will need to set out in your application how you believe the person without capacity would have wished their estate to be divided. The Court will then decide whether to grant the application and create a Statutory Will with the requested terms, or they may decide to create a Will with different terms, if they believe this is appropriate.
One-off Court of Protection applications
If you need to deal with a specific matter, such as selling the home of someone who lacks mental capacity, you can make a one-off application to the Court for the authority to do so.
This might be necessary if you do not have a Court of Protection deputyship (or Lasting Power of Attorney) in place or the matter who need help dealing with falls outside of the powers granted by the deputyship or LPA.
Appointing Thornton Jones as professional Court of Protection deputies
Our team can act as professional deputies if nobody else is able to carry out this role or if you simply want the reassurance of having a trained legal expert managing a loved one’s affairs. We can act as professional deputies for a wide range of people and can provide a transparent, reliable service, making sure your loved one’s needs are met.
Why choose Thornton Jones’ for Court of Protection matters?
You need clear, practical support from a legal team with strong experience in dealing with the full range of issues involved in Court of Protection deputyship and applications. This is exactly what the team here at Thornton Jones can offer.
Our experience means we can make dealing with even the most complex matters much simpler for you, while our detail-orientated approach can help you ensure any applications you need to make to the Court of Protection can go ahead as quickly and effectively as possible.
We aim to keep our pricing clear and cost-effective, we will charge according to an agreed hourly rate that ensures you get exactly the level of support you need for a competitive price. Take a look at our legal fees for more information.
Thornton Jones is independently regulated by the Solicitors Regulation Authority (SRA).
Contact our Court of Protection solicitors in Garforth, Leeds
Need clear, practical advice and guidance for Court of Protection matters in Garforth, Leeds or the surrounding area? Please contact our Garforth office now.