Wills, Probate and Elderly Client Services Department

We have an expert team who are experienced in a wide range of Private Client matters. Our team appreciate that making applications to the Court of Protection can be complex, and because of this, you will receive expert support and guidance from our Private Client Solicitors.

If someone has lost capacity, but has a Lasting Power of Attorney in place, they will have already appointed someone to manage their affairs. However, if that’s something they haven’t previously considered, and events have overtaken them, the next step will be to apply to the Court of Protection, so that a Deputy can be appointed to look after their property, health and affairs.

Free initial telephone options appointment

Our expert Private Client team are here to take the worry off your hands. We provide a free initial telephone consultation to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

What is the Court of Protection?

The Court of Protection is a specialist Court which is able make decisions for someone who lacks the capacity to do so themselves.

Should you need to apply to the Court to request permissions to make decisions in regards to an individual’s health, welfare, financial affairs or property, it is vital that you seek legal advice as soon as possible. Our dedicated team are able to guide you through the process of applying to the Court of Protection.

What can the Court of Protection make decisions about?

The Court of Protection has the ability to make decisions in regards to a wide range of matters, such as:

• An individual’s health and welfare, where there has been no appointment of a Lasting Power of Attorney (LPA) or Deputy.
• The appropriateness of action being taken on your behalf – the Court can make the decision as to whether they believe you have the capacity to make certain decisions about your life.
• Decisions as to whether an LPA or a Deputy has acted appropriately, and where necessary, removing an LPA or a Deputy.
• Instances whereby there would be a series of decisions that would have to be made for an individual, rather than a single decision.
• The type of medical treatment someone should receive – whether there is any doubt or dispute in regards to this.

What to do if you need to apply to the Court of Protection

If you need to apply to the Court of Protection, it is vital that you seek legal advice. The application for your appointment as a Deputy is not without its complications. We can prepare the application, and guide you through the process, providing ongoing support and guidance following your appointment, including any further liaison with, and preparation of reports to be submitted to the Court of Protection.

Our aim is to ensure that where capacity is lost, that individual’s property and financial affairs are properly taken care of.

How we can help

We appreciate that approaching a solicitor can seem daunting. Our dedicated team are here to guide you through the process of a range of private client services in order to give you the peace of mind that your wishes are followed in the future.

The level of help you require from us is entirely up to you. Our specialist team are committed to delivering to you a professional and private service throughout the Nottinghamshire and Derbyshire regions.

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield, and Derby.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.