Disputed Wills and Trusts
Court of Protection
The Court of Protection makes decisions on financial and/or welfare matters for people who lack the mental capacity to make decisions at the time they need to be made.
The Court of Protection is also responsible for giving permission to enable an individual to make one-off decisions on behalf of an incapacitated person as well as appointing Deputies to make ongoing decisions for people who lack mental capacity.
We have a great deal of experience in dealing with Court of Protection matters and can assist with the following:
- Applications for Deputyship Orders.
- Applications for Permission to make decisions on behalf of an incapacitated person (in relation to both financial and personal welfare matters).
- Urgent applications where a decision must be made on behalf of an incapacitated person without delay.
- Applications to make a Statutory Will on behalf of an incapacitated person.
- Applications to make gifts on behalf of an incapacitated person.
- Applications to object to the registration of a Lasting Power of Attorney.
- Applications to cancel an Enduring Power of Attorney.
In addition, we can also represent individuals who find themselves embroiled in Court of Protection proceedings, and assist with contentious Court of Protection matters where there are disputes or disagreements surrounding an incapacitated person.
One of our Partners, Michael Culver, is a Court appointed panel Deputy which means he is appointed in situations where there is nobody else suitable, or where there are no family members who can take on this role. The Court appoints Michael in his professional capacity to act as Deputy for those in need, and as such we have significant experience in managing the finances of many different people who lack mental capacity, such as those suffering from Alzheimer’s disease, dementia, learning difficulties, or brain damage.
If you require assistance to make an application to the Court of Protection, are caught up in proceedings, or you are unsure about what to do where a close friend or family member lacks capacity, please contact a member of our team for an initial no obligation and informal discussion.