Court of Protection
If you are concerned a loved one lacks the mental capacity to manage their own affairs and want to know more about the processes involved in taking legal responsibility for them, our Court of Protection solicitors can help you.
Dealing with matters of this nature can place you under extreme pressure, which can be very intimidating, especially if you have no experience in taking a role like this in someone's life.
That's why seeking advice from specialist lawyers is so important.
We at Percy Hughes and Roberts Solicitors can not only advise you on the necessary steps required to take responsibility for someone's affairs, but we also provide guidance on how to be an effective and dependable deputy for that person.
Based in our headquarters in Birkenhead, we have been serving the Wirral, Merseyside and the North West with the highest quality legal services for more than 100 years.
To speak to our Court of Protection solicitors, contact us by calling 0800 781 3894 or fill out an online enquiry form and we will get back to you at a time that is convenient for you.
How can our Court of Protection solicitors help you?
We are here to help and give you the answers you need if any of the following apply to you:
- You are worried about the ability of a loved one to manage their own affairs and make decisions for themselves
- You are involved in a dispute about the above
- You are worried about your ability to manage your own affairs
- You are worried about the ability of someone else managing your own affairs, or those of a loved one
- You are already responsible for managing someone else's affairs
- You are involved in a dispute about the best interests of a person with regards to care or medical treatment
The legal services we can offer include, but are not limited to:
- Lasting Powers of Attorney or Enduring Powers of Attorney
- Appointing a deputy or acting as a deputy
Our offices are located in Birkenhead on the Wirral but we help clients from all over England and Wales. We can also arrange to visit you at home if need be.
What is the Court of Protection?
On 1st October 2007, the Mental Capacity Act 2005 ("the Act") became law. The main thrust of the Act is to provide statutory protection for those who lack the mental capacity to make their own decisions.
Amongst other things, the Act set up the Court of Protection, which has the jurisdiction to decide whether or not a person lacks capacity to make decisions.
The Court of Protection can also make declarations, orders and directions for people who lack capacity. The body can appoint someone to make decisions in the best interests for someone who cannot do so for themselves.
The appointed decision makers are called "deputies".
The Act also introduced a legal document called a Lasting Power of Attorney Deed ("an LPA"). An LPA is a legal document in which a person can name someone who they would want to act for them in their property and financial affairs, or make welfare decisions, if there comes a time when they lack capacity to make their own decisions.
If you are a relative or close friend of someone who cannot make decisions for themselves, you may be eligible to be appointed by the Court of Protection to act as that person's deputy.
To be considered, it will be necessary to submit an application to the Court of Protection. The application must include a doctor's report so that the judge can decide whether or not the person concerned does lack capacity.
Details of the person's financial and welfare circumstances will be included in the application. You will also have to complete a declaration so that the Court can decide whether or not you are a suitable person to be appointed as a deputy.
In most cases, the application is looked at by the judge without the need for you to attend a hearing the Court of Protection.
Why PHR Solicitors?
At Percy Hughes & Roberts Solicitors, we strive to deliver the highest possible standards at all times. This is reflected by the fact we hold the Lexcel accreditation.
We're proud of our long tradition of providing active and practical help to the community we serve, and helping people most in need access clear, simple and cost-effective legal advice.
Contact Percy Hughes & Reoberts
To speak to our Court of Protection solicitors at Percy Hughes & Roberts, give us a call on 0800 781 3894, or complete the enquiry form on our contact page to send us a query by email.
We pride ourselves on offering expert advice that's easy to understand, and we will be with you through every step of the legal process. Our offices are based in Birkenhead, but we service the wider Wirral, Liverpool, Cheshire, Merseyside and North Wales area, as well as clients nationwide.