It is necessary to use the Court of Protection if a person has 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 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 what 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 capacity to do this for themselves. An application to the Court of Protection would be made on behalf of you or your relative if you are no longer able 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.
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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For initial discussions or to obtain costs information, contact either our Newcastle or Sunderland offices:
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