Court of Protection Applications
Lacking capacity makes life very difficult not just in respect of daily matters but with more complex property, financial and health and welfare decisions.
If sensible planning has not taken place and there are no Lasting Powers of Attorney in place the only option open to individuals to enable the ongoing effective management of financial matters is through a Court of Protection Deputyship Order.
Appointing a Deputy to manage the financial affairs of an individual lacking capacity is not an easy task. It can take time for the legal process to work and for the information and application to be completed.
Argo helps with the pain of a Deputyship Application and other applications to the Court of Protection. We complete the paperwork required to obtain a Deputyship Order, co-ordinate service of papers and submission of documents and medical evidence. We will guide you through the deputyship process to the point at which an order is issued enabling the ongoing management of property and financial affairs.
Health and welfare orders are few and far between. Rather than issue an order for an individual to manage the ongoing health and welfare needs of an individual the Court of Protection will expect a “best interests” decision making meeting to have been held to try and resolve any issues which need to be settled. In the event of a dispute the Court will prefer to issue a directions order to deal with the specific issue in question rather than provide a full order.
It is not just Deputyship Applications that we help with. If you need to sell a jointly owned property and one of the owners lacks capacity we complete Trustee Act applications to enable the sale to proceed. We also prepare lifetime gifting applications. Just because a person lacks capacity it does not mean that effective tax planning cannot be pursued.
It is also possible to make a Will for a person who lacks capacity. A disabled adult who is in receipt of compensation or an elderly family member with dementia still needs to be able to leave their estate to who they want in the way they want. We can help with the drafting of documents and the application process.
Should you wish to challenge the registration of a Lasting Power, Enduring Power of Attorney or have any concerns about an attorney or deputy’s behaviour we will help with any challenge you wish to make.
As well as helping with the Court of Protection process we are also on hand to deal with the subsequent management of any property and financial affairs issues that you may need help with. We can prepare Court accounts, administer financial affairs, co-ordinate health and welfare packages.