It is necessary to use the Court of Protection if a person no longer has sufficient Mental Capacity to be able to deal with their financial or other affairs.
You may need to help an elderly relative to sell their home or you may need to assist them to move to a residential home. However, unless your relative had appointed you as their Attorney under a Lasting Power of Attorney, you will not have the legal authority to sign forms, agreements or Land Registry documents on their behalf.
You would not be able to use your relative's money to fund their care. You would have no rights to access their bank accounts, savings and investments and crucially no right to sell their home or rent it out in order to raise income.
In other instances you may need assistance because there is a dispute about which social care, residence or medical treatment is in the best interest of you or your relative.
Our Expert Court of Protection Solicitors in Newcastle and Sunderland can assist you to make an application to the Court of Protection so that you can be appointed as a Deputy or have a Deputy appointed on your behalf.
We'll go the extra mile for you, taking care of everything and making sure the whole process is simple and is as stress free for you as possible.
The Court of Protection is the court responsible for making decisions relating to the management of finances and other affairs on behalf of people who no longer have the Mental cCapacity to do this for themselves. An application to the Court of Protection would be made on behalf of you or your relative if either of you are unable to give instructions or make decisions relating to your finances, where you will live or in respect of your care.
Most cases are dealt with by way of paper applications and orders granted without you or your relative having to attend the court. It is only usually in the case of dispute that a court hearing is necessary.
It is now possible to have more than one Deputy to represent you or your relative. Thus you could have adult children from a first marriage and possibly the partner or spouse of you or your relative appointed as Deputies.
As a Deputy you must be able to prove you are a Suitable Person. A bankrupt cannot be a Deputy. The court is looking for someone who can manage the Patient's financial affairs and/or welfare in a suitable fashion.
Any Deputy appointed must keep the Patient's accounts and investments separate from their own.
Once the Court of Protection is satisfied that a Deputy is a Suitable Person they will issue a Court Order. This can then be used when dealing with banks, social services, care homes and solicitors in respect of conveyancing matters.
Our offices are based in the easy to access central locations of Gosforth, Newcastle upon Tyne and Sunderland covering the whole of the North East. Home, hospital and care home visits can be arranged.
For further information, call our Expert Court of Protection Solicitors Newcastle and Sunderland.
For Expert Court of Protection Solicitors - Newcastle: 0191 284 6989
For Expert Court of Protection Solicitors - Sunderland: 0191 567 6667
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"Overall very happy with the appointment and the service provided. Everything was explained very well in simple terms which both myself and my elderly Aunt could understand. I was impressed as Laura took into account that my Aunt was hard of hearing so ensured she took her time in explaining everything so that it was understood. I thought the office was very professional and friendly."
"From the very start I was made to feel very welcome and relaxed. I was anxious about the appointment and especially so as I was brining my husband who has dementia. I found that everyone was professional. The face to face contact in the appointment and the friendly manner ensured that a difficult process was made easier. I received all relevant information which helped me make an informed choice about which route to go down. They did not push me to make a particular choice, I was able to go away and discuss the information with my family to make the choice that was best for me. If I ever need a solicitor I would not hesitate to use Emmersons Solicitors again."
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For initial discussions or to obtain costs information, contact either our Newcastle or Sunderland offices:
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