Court of Protection advice from HilliersHRW Solicitors

The Court of Protection is a specialist court which has the power to:

decide whether someone is able to make particular decisions;
appoint deputies to assist people who are unable to manage their own affairs;
make decisions and orders on matters for people who lack capacity;
determine whether existing Enduring Powers of Attorney (EPAs) or Lasting Powers of Attorney (LPAs) are valid;
remove any deputies or attorneys who fail to fulfil their duties;
hear cases and resolve disputes where someone has objected to the registration of an EPA or LPA.

If you are caring for a family member or friend you can apply to the Court for a Deputy Order. If granted, this gives similar powers to those under a Property and Affairs LPA, but the authority to act comes from the Court and not a donor. It is also possible to apply to the Court in relation to a specific issue regarding a person's health and welfare, for example where they should live.

Applying for a deputy order is quite a lengthy process involving an assessment of capacity by the person's GP. You must also notify other people who are close to the person unable to manage and complete various court forms. We can take care of all the paperwork and court correspondence, leaving you free to concentrate your time on your loved one.

As applications to the Court are a last resort, they can sadly result in tensions between members of a family. For example, you may find yourself in a situation where someone who you believe to be wholly inappropriate has applied to manage the affairs of a member of your family.

Our team's expertise in this area includes:

Successful applications for deputy orders;
Successfully proving the validity of an LPA, thus showing that a deputy order was not necessary;
Successfully dealing with objections lodged at court in response to an application for a deputy order;
Successfully dealing with objections to the registration of an LPA;
Acting for deputies and attorneys who require advice and assistance with their ongoing responsibilities.

For assistance please contact:
Fiona Nash. Stevenage Office: 01438 346000. Bedford Office: 01234 858000. email

	Making a Will Probate Contentious Probate Court of Protection Power of Attorney Tax Planning Trusts	The Court of Protection is a specialist court which has the power to: decide whether someone is able to make particular decisions; appoint deputies to assist people who are unable to manage their own affairs; make decisions and orders on matters for people who lack capacity; determine whether existing Enduring Powers of Attorney (EPAs) or Lasting Powers of Attorney (LPAs) are valid; remove any deputies or attorneys who fail to fulfil their duties; hear cases and resolve disputes where someone has objected to the registration of an EPA or LPA. If you are caring for a family member or friend you can apply to the Court for a Deputy Order. If granted, this gives similar powers to those under a Property and Affairs LPA, but the authority to act comes from the Court and not a donor. It is also possible to apply to the Court in relation to a specific issue regarding a person's health and welfare, for example where they should live. Applying for a deputy order is quite a lengthy process involving an assessment of capacity by the person's GP. You must also notify other people who are close to the person unable to manage and complete various court forms. We can take care of all the paperwork and court correspondence, leaving you free to concentrate your time on your loved one. As applications to the Court are a last resort, they can sadly result in tensions between members of a family. For example, you may find yourself in a situation where someone who you believe to be wholly inappropriate has applied to manage the affairs of a member of your family. Our team's expertise in this area includes: Successful applications for deputy orders; Successfully proving the validity of an LPA, thus showing that a deputy order was not necessary; Successfully dealing with objections lodged at court in response to an application for a deputy order; Successfully dealing with objections to the registration of an LPA; Acting for deputies and attorneys who require advice and assistance with their ongoing responsibilities. For assistance please contact: Fiona Nash. Stevenage Office: 01438 346000. Bedford Office: 01234 858000. email Back to top

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