What is the Court of Protection?
The Court of Protection is a specialist Court which makes decisions on behalf of people who do not have mental capacity to make those decisions themselves. These decisions can be in respect of a person’s finances and property or their health and welfare.
The Court has authority to make a one-off order to deal with a particular matter (e.g. the sale of a property to release funds) or it may be necessary for a Deputy to be appointed to assist with a series of decisions on behalf of the person who lacks capacity.
Who can be appointed as a Deputy?
Family members or close friends can apply to be appointed as a Deputy for a loved one who has lost capacity to make decisions about their finances or health and welfare. Two or more people can be appointed as Deputy to act together on someone’s behalf or a single Deputy could be appointed.
At Chadwick Lawrence we can assist you with making the necessary application to the Court to be appointed as Deputy. We can also assist with any paperwork or further applications required once you are appointed.
In some cases a Professional Deputy will need to be appointed to assist with more complex decisions or in situations where there is no loved one who is able to take on this role. Our specialist team can act as Professional Deputy in these circumstances.
What happens if I have a Power of Attorney?
An application to the Court of Protection is required if someone does not have a valid Power of Attorney and no longer has the mental capacity to now put one in place.
Even if a Power of Attorney is in place, some decisions (such as making gifts) are not automatically authorised by the Power and an application to the Court of Protection will be required to obtain consent.
What is a Statutory Will?
A statutory will is a will that is approved by the Court of Protection on behalf of someone who does not have capacity to make a will themselves. We can provide guidance on when an application would be appropriate as well as assisting with the application itself.
What is a Personal Injury Trust?
A personal injury trust is a special type of trust which can be set up to manage damages received from a personal injury or clinical negligence claim.
Trustees would be appointed to make decisions about the management of the money and to approve any payments from the trust. A minimum of two trustees would be required unless there is a trust corporation appointed.
What are the Advantages of a personal Injury Trust?
The advantages of setting up a trust are as follows:
- The money within the trust is disregarded when your eligibility for certain means tested benefits and services is assessed.
- A Professional Trustee could be appointed to provide specialist guidance and support to assist you with managing the trust funds. At Chadwick Lawrence we have experience of acting as Professional Trustee for a number of clients.
- As all Trustees will need to approve any payments from the trust this provides added protection for any vulnerable people who could be at risk of exploitation if the money was received into their personal bank account.
If you would like to talk to a member of our specialist Court of Protection please get in touch on 0800 015 0340 or via