Court of Protection
At Nash & Co Solicitors, we know that losing mental capacity is a daunting prospect for individuals and their loved ones. Where no attorney has been appointed, the Court of Protection is responsible for stepping in to help protect and empower those who lack the capacity to make important decisions for themselves, as far as they can and to support any deputy appointed so that they fulfil their duties.
Hilary Cragg, is our expert Court of Protection Solicitor who understands the complexities of the legal process and the challenges that come with being a deputy for a vulnerable person.
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The Court of Protection
The Court of Protection's primary aim is to ensure that individuals who cannot make decisions for themselves due to age, illness, or an accident have someone who can make decisions on their behalf. The court authorises a deputy to support and manage the affairs of the vulnerable person. This can be a family member, friend, or a professional appointed by the Court.
At Nash & Co Solicitors, Hilary Cragg is here to help guide you through the legal process and provide compassionate support for you and your loved ones. She can assist you with a range of Court of Protection matters, including deputyship applications, managing the affairs of a loved one who lacks capacity, disputes over deputy appointments, and applications to the Court of Protection for decisions on behalf of a loved one.
Why Lasting Powers of Attorney are so important?
Losing mental capacity is a difficult situation for anyone to face. In these situations, it's crucial to plan ahead and take measures to ensure that your affairs are managed by someone you trust. Lasting Powers of Attorney (LPA) is a legal tool that can be used to appoint a trusted person to make decisions on your behalf if you lose the capacity to do so yourself.
By setting up an LPA, you can prevent the need to go to the Court of Protection, which can be a complex and time-consuming legal process. Without an LPA, a deputy will need to be appointed by the Court of Protection to manage your affairs, which can be stressful for your loved ones. With an LPA, you can appoint a trusted family member or friend to manage your affairs on your behalf, which provides peace of mind for you and your loved ones. We have a team of expert solicitors who can assist you in setting up an LPA, ensuring that your affairs are managed according to your wishes, even if you lose the capacity to make decisions for yourself.
call Speak to a friendly Court of Protection Solicitor on 01752 827047
Why Nash & Co Solicitors?
We pride ourselves on being client-focused, caring, and experienced in all aspects of Court of Protection matters. We spend time with you, explaining everything and ensuring that you fully understand everything before progressing. We hate using legal jargon, so we’ll make sure everything is explained in a simple and easy to understand way.
If you require assistance with a Court of Protection matter, don't hesitate to contact Hilary Cragg here at Nash & Co Solicitors. Hilary’s here to provide the guidance and support you need to navigate the complex legal process and ensure that your loved one's best interests are protected.
Frequently asked questions
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Mental capacity refers to a person's ability to make decisions for themselves. It's determined by a medical professional and is assessed based on an individual's ability to understand, retain, and weigh up information.
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Losing mental capacity means that an individual is unable to make important decisions for themselves due to illness, injury, or age-related conditions.
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The Court of Protection is a legal body that exists to protect the rights and interests of those who lack the capacity to make decisions for themselves. It appoints deputies to manage the affairs of vulnerable individuals who are unable to do so themselves.
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A deputy is a person or professional appointed by the Court of Protection to manage the affairs of an individual who lacks capacity. Their responsibilities include making decisions about the vulnerable person's finances, health, and welfare.
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If your loved one loses mental capacity, you can only make decisions on their behalf if you have been appointed as their deputy by the Court of Protection or if you have a Lasting Power of Attorney in place.
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A Lasting Power of Attorney is a legal document that allows an individual to appoint someone they trust to make decisions on their behalf if they lose mental capacity. This can include decisions related to finances, health, and welfare.
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If there is no Lasting Power of Attorney in place, and an individual loses mental capacity, a deputy will need to be appointed by the Court of Protection to manage their affairs.
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The process of appointing a deputy can take up to a year and involves assessments, the submission of various documents, and the involvement of legal professionals.
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Deputies have a range of responsibilities, including managing the vulnerable person's finances, health, and welfare. They are monitored by the Office of the Public Guardian and must submit annual reports to demonstrate that they are acting in the best interests of the vulnerable person.
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Yes, a deputy can be removed from their position if they are not acting in the best interests of the vulnerable person or are not fulfilling their responsibilities.
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If you require legal support and advice on Court of Protection matters, please call Hilary Cragg, here at Nash & Co Solicitors. She’s an expert Court of Protection solicitor with vast experience in this area. She will be able to guide you through the process, explain your options, and provide ongoing support and advice. You can reach Hilary on 01752 827047 or at hcragg@nash.co.uk
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