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If a person does not have the required mental capacity to make important life decisions, they may require someone else to make these decisions for them. In these challenging circumstances, our Court of Protection Solicitors in Birmingham can help.
Losing mental capacity could be the result of an accident, illness, or ageing, regardless of the reason, these situations can be difficult for both the individual and those closest to them to navigate through. If you are in this position, we can guide and assist you in making an application for deputyship to the Court of Protection, gaining permission to make decisions regarding both health and finances.
Equally, if you are a person who still has mental capacity, yet you would like to make preparations for a time in the future where you may not, we can advise and assist you in preparing Lasting Powers of Attorney which are appropriate to your needs.
To discuss how our Court of Protection lawyers can help you, please contact our Birmingham office.
Our Court of Protection Solicitors in Birmingham can help clients with various different matters, including:
- Applying for deputyship
- Statutory Will matters
- Lasting Power of Attorneys
- Gifting
- Court of Protection disputes
Roythornes Court of Protection Services
Applying for deputyship
If someone close to you has lost mental capacity, and you would like the legal authority to support them, we can help you to apply for Court of Protection deputyship. Once you have gained deputyship you will be permitted to make certain decisions for your loved one, whether concerning their finances, or health. The decisions that you can make will depend on the type of support that the person needs, and the specific circumstances.
We can also act as a professional deputy if there is no one who feels able to be appointed to that role.
We can assist you with Court of Protection deputyship in various ways including:
- Legal guidance on the responsibilities of a Deputy, and information on the eligibility requirements
- Assistance to apply for deputyship, obtaining a Court of Protection Order
- Acting as a professional deputy
- Help to resolve any deputyship disputes that you may be facing
Statutory Will matters
If someone does not have the mental capacity to enter into a valid Will, then the only choice available is to make an application for a Statutory Will to the Court of Protection. These are complex applications which can take a significant amount of time, so planning in advance is key.
Our Court of Protection solicitors in Birmingham can provide assistance with all manner of Statutory Will matters. To access support today, please contact us at Roythornes.
Lasting Powers of Attorney
Unfortunately, not all of us will retain our health as we age, and many people will lose the capability to deal with their own affairs, which may involve matters of welfare or finance.
If you would like to prepare for a future time where your health may deteriorate, you can put Lasting Powers of Attorney in place, appointing those you feel are appropriate to act as Attorney(s) for you.
If there comes a time in the future whereby you want your Attorneys to help, or you lose mental capacity, they will be able to step in and deal with your important welfare and financial matters for you. These documents are a key part of planning for your future. Taking appropriate advice on their preparation and execution will ensure that your wishes are followed.
For more information about Lasting Powers of Attorney, please do not hesitate to get in touch.
Making gifts
Where an Attorney, or Deputy, is acting on behalf of someone, they can make gifts on that person’s behalf, but only where certain conditions are met. Limited gifts can be made to people associated with the vulnerable individual , or to a charitable organisation, if appropriate. The rules however are complex, and you need to ensure you adhere to these. Certain gifts do require the consent of the Court of Protection.
If you need support to make gifts on a vulnerable person’s behalf, our Court of protection solicitors in Birmingham can assist you.
Court of Protection disputes
When another person is making decisions on behalf of a vulnerable loved one, disputes may arise, many of which can be difficult to resolve.
If you are facing a dispute, our Court of Protection solicitors in Birmingham can provide assistance to help you resolve such matters. Examples of such disputes that we can assist with include:
- Disputes regarding how a Deputy or Attorney is managing the vulnerable person’s finances, for instance, if the person is being financially exploited
- Challenges to the appointment of a particular Deputy or Attorney, including the removal of a Deputy or Attorney
- Disagreements where it is believed that a person does not lack mental capacity and therefore should not have a Deputy or Attorney acting for them
- Disagreements about statutory powers, for instance, the Court may be asked to clarify what powers a Court of Protection Deputy has, as according to the Mental Capacity Act
Our Court of Protection Solicitors fees
At Roythornes, we are always transparent about our costs from the very beginning. For many clients we can offer fixed fees, affording you certainty about what you will be paying for.
We will always make certain that you are fully aware of the costs, and are happy to move forward. Fees will always be agreed before we proceed with any work.
If you are interested in learning more about our services and fees, please get in touch, and we will be happy to advise you.
Why choose Roythornes’ Court of Protection solicitors in Birmingham?
Our reputation in both the legal sector and this area of the law is outstanding, based on our extensive experience, and the ongoing commitment of our legal team.
We appreciate that these matters are sensitive, and will always approach your situation with compassion. The team will always ensure each client receives close personal support and clear, honest, and sensible advice.
Court of Protection matters can often become complicated, yet our solicitors can offer support regardless of the situation, whether you need to challenge a Lasting Power of Attorney, or immediately appoint a Deputy for a vulnerable person.
Get in touch with our Birmingham Court of Protection solicitors
For assistance with Court of Protection matters in Birmingham, please get in touch with our expert legal team at Roythornes, you can call us on 0121 592 1040.
