Court of Protection – Lost capacity what can this mean?


Posted by Vikki Heard, 20th May 2019
Blake Morgan is proud to support Dementia Awareness Week (20-26 May 2019).
It’s not unusual to become more forgetful as we get older, but dementia is a more serious and frightening condition that can have a devastating impact on the quality of life for both dementia sufferers and their families.  It can leave individuals unable to cope with everyday tasks or manage their own affairs. 

If your relative has lost capacity due to dementia or ageing, illness or accident and they have not made an Enduring Power of Attorney or Lasting Power of Attorney, then there will be no way of accessing their assets or dealing with their affairs.  It may therefore, be necessary for an application to be made to the Court of Protection for a Deputy or Deputies to be appointed to deal with their property and financial affairs.

The Court of Protection Team at Blake Morgan can assist with the appointment of Professional Deputies or to appoint a trusted family member as a Lay Deputy/Deputies.

We can make the process easier for you in a stressful time by completing the application on your behalf by arranging the Capacity assessment and completing the application forms.

It is also necessary to notify other people of the application in order to ensure that there is an opportunity for any interested parties to object if they do not think it is in the person’s best interest.  If there are no objections and the Court are satisfied with the application then a final Court Order will be produced appointing the Deputy/Deputies.

Once appointed as a Deputy you will continue to be supervised by the Office of the Public Guardian and asked to produce an annual deputyship report.  As a Lay Deputy you can deal with this report yourself or if you do require assistance with the report we would be happy to prepare this on your behalf.

The Court of Protection Team are experienced in all applications to the Court including making Gifts, Statutory Wills and Trustee applications.

Our Team are happy to assist you with any questions.

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