The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
The Court of Protection is responsible for:
This depends on whether any arrangements were put in place before the person lost mental capacity. If the person had put in place a Lasting Power of Attorney before they lost capacity, their affairs would be managed by their appointed Attorney. If the person loses capacity without having this document in place, then a friend or relative can apply to become a Court of Protection Deputy to make decisions on their behalf.
Comptons Solicitors is experienced in all aspects of Court of Protection applications, advising and assisting with preparing applications to obtain an Order of Deputyship in respect of the assets or health matters of a person who lacks mental capacity.
Lanka Bandara, Head of Private Client at Comptons Solicitors explains why a Lasting Power of Attorney (LPA) may need updating in the UK under certain circumstances.
Writing Wills and Estate Planning may seem to some, something to get round to in the future. But rather alarmingly, a recent IRN Wills and Probate Research Report, titled UK Wills & Probate Market 2020: Consumer Research Report*, has found that fewer than 4 in 10 adults in the UK have made a Will, despite owning a property.
A Lasting Power of Attorney (also known as an LPA) is a legal document that can be used to appoint someone else to make decisions about your own assets, health and welfare.