Specialist Court Of Protection Solicitors And Why You Might Need Them

Those people whom either by mental degeneration or accident/injury are no longer

able to make decisions by themselves the Court of Protection offers a legal forum for these decisions.

It's a commonly held misconception that the Court of Protection is just there to help with those elderly people who have unfortunately lost the capacity to manage their own affairs - perhaps due to dementia or a similar condition. The Court of Protection is, in fact, responsible for people of all ages, who may lose the ability to look after their own affairs following an accident in which they incur a brain injury, or who suffer from a highly debilitating condition such as post traumatic stress disorder or cerebral palsy.

The Court has the ability to make decisions about the investment of money, for example, or how someone's money should be spent - and it also has the power to appoint what are known as "deputies". A deputy is someone who has been appointed by the Court to manage the affairs of someone unable to manage them for themselves.

If someone loses the ability to manage their affairs or any reason, and has not made either a Lasting or Enduring Power of Attorney, then a member of their family, a Court of Protection Solicitor, or even social services can take an application to the Court of Protection to be appointed as their deputy; however ultimately the decision as to who is appointed is down to the Court itself. If a valid Lasting or Enduring Power of Attorney does, in fact, exist, no application to the Court of Protection will be required, and the appointed attorneys can take over without further ado, and, in particular, without the involvement of the Court itself.

Court of Protection applications tend to be rather expensive (for example the Court fees alone for deputy appointment are over 500), to mention highly time consuming. It can, for example often take 4 months or more for the procedure appointing a deputy to be completed, and, in addition, the deputy comes under close scrutiny from the Court, making the role time consuming. An application to the Court of Protection for a deputy to be is, however, the only option where someone needs help but has failed to ensure that they have put a Enduring or Lasting Power of Attorney in place.

Most solicitors advise that everyone should give real thought to the prospect of making a Lasting Power of Attorney, in order that you can be completely confident that if the very worst happens, someone you really trust is there to look after things for you with the minimum of fuss and bother.

If, however, you do find yourself in the position of having to make an application to the court of protection half of a friend or loved one, make sure that you appoint specialist Court of Protection Solicitors - this area of law is complex and you really need to make sure you have got an expert on your side.

by: Tim Bishop

POST COMMENT

Renting A Room In Edinburgh And Duties Of A Tenant Which He Has To Fulfill Perk Up Sales And Get More Potential Of Market With Custom Bumper Stickers 3 Important Items You Must Know About Applying Hair Shampoos And Hair Conditioners Five Of The Best Ecig Inventions Ever And The Elements That Make Them Great Understanding Quick Cash Advances And How Payday Loan Companies Work A Short Introduction Of Gazelle Edge Trainer With Pros And Cons Prime Suggestions And Advice For The Betterment Of Your Dwelling Step Out Of The Fashion Box And Try Fashion Wigs How To Find Great Keywords And How To Use Them Effectively Vision Security Cant Complain About Growth And Will Hire 400 People In 2012 Dieting And Burning Fat Wood Fencing: An Investment For Home Security And Privacy The Duty-cycle Operation Of Steel And Iron