Court of Protection
Helping You With Court of Protection Matters
When a person has been assessed as lacking mental capacity and does not have in place an appropriate Lasting Power of Attorney, the Court of Protection will often become involved. Most commonly, when we think of mental incapacity we think of debilitating conditions such as Alzheimer’s Disease or Dementia which often affects us as we get older.
Capacity can, however, become impaired at any stage of life for instance, if you were to be involved in an accident or even a result of injuries sustained at birth. Fraser Dawbarns offers specialist advice and services relating to issues concerning an individual’s mental capacity and the associated proceedings at the Court of Protection.
What is the Court of Protection?
The Court of Protection is there to preside over decisions that have to be made in relation to people’s care, medical treatment and matters relating to their finances. The Court will often make an Order appointing a suitable person to act as another’s ‘Deputy’ and with the authority of the Court, a Deputy can make decisions about the property and affairs and welfare of a person lacking capacity.
What is a Deputy?
A Deputy appointed under such an Order has a range of moral and legal obligations towards a person under their care, and therefore any such decisions they make must be given the most careful consideration.
Fraser Dawbarns offers a full range of services to our clients that are seeking to be appointed as a Deputy through the Court of Protection. As well as submitting an application to the Court we are able to guide our clients throughout their time as a Deputy, providing advice on all decisions they may need to make as well as assisting them with the preparation and submission of annual reports as and when required by the Court.
Our Other Court of Protection Services
In addition to Deputyship applications, we can also assist clients wishing to seek an Order from the Court of Protection on issues including:
- Applications for Statutory Wills
- Health and Welfare decisions
- The authority to issue legal proceedings on behalf of someone lacking capacity
- The sale and purchase of property
If circumstances require, we will make an application to the Court of Protection on behalf of a client to be appointed as a Professional Deputy, most commonly in relation to their property and affairs.
Lasting Powers of Attorney
The Court of Protection will only appoint a deputy once you lack the capacity to choose who you would prefer to manage your affairs. Many people prefer to put a Lasting Power of Attorney in place while they have capacity, so they have full control over this. You can appoint a trusted family member or friend who will look after your financial affairs, including paying bills for you, or make health and welfare decisions on your behalf. Find out more about our Lasting Power of Attorney services.
Planning for Care Fees
Executors deal with your Estate in the event of your death. You need to decide who you want to carry out the wishes expressed in your Will. We can help you with your decision and if you wish, a partner from the firm can act as your Executor. Find out more about our Lifetime Planning services.
Court of Protection Disputes
Applications to the Court can sometimes give rise to disagreement and dispute between family members and other interested parties. Should this happen we have the expertise to guide you through contentious proceedings or wishing to bring an objection to proceedings brought by somebody else. Members of our Civil Litigation Department are able to deal with all aspects of contentious Court of Protection matters. Find out more about our Legal Disputes services.
We are in strange times in the pandemic and what impressed me most is that this did not affect the level of service or provide excuses. We completed in 12 weeks and whilst I appreciate the chain has a bearing on timescales, Fraser Dawbarns did not hold up the time frame with their part.Client - Downham Market Office
Why Choose Fraser Dawbarns to Help You?
We offer a confidential and personalised service and are one of the largest and most well-established firms in the region. We care about our clients and will use our extensive legal expertise to give you total peace of mind that everything will be in order after your death.
We will advise you about everything from what to include in your Will, to setting up trusts and the potential effect of Inheritance Tax on your estate.
We offer a choice of pricing options to our clients. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to pick the pricing option that best suits you.
Free Initial Consultation
We are happy to meet with you for a free of charge consultation. This will help us to understand your circumstances, find out what matters most to you and provide an estimate of the costs involved.
Giving you Total Peace of Mind
With offices in Wisbech, King’s Lynn, Downham Market, March and Ely we are close by if an urgent issue arises or if you need to sign something at short notice. If you need us to make a home or hospital visit, we will be pleased to come and see you.
If you would like any further advice on making a Will or any related issues, get in touch now and see how we can help you.
Contact Us Today
Our team will help you from the beginning of your case to the end, giving you total peace of mind. If you would like friendly, client focused advice on a wide range of legal issues, get in touch and see how we can help you.
Call or email us today and find out how we can make your life easier.