Court of Protection

The Court of Protection is an authority that seeks to allocate decision making responsibility regarding an individual that lacks the mental capacity to do so for themselves to an appropriate other.

It can also be used as the decision making body should a Power of Attorney not be in place. For example, the Court of Protection could be asked to decide if life sustaining treatment should be administered to an individual, how an individuals wealth should be distributed after their death if there is no will in existence, or if they placement in a care facility would be in the persons best interest.

If you wish to approach the Court of Protection for assistance an application will have to be submitted. Should there be conflicting opinion on what may be the best outcome for the individual concerned, third party advice may be requested from, as an example, a medical professional or psychiatrist

At Morlings Solicitors based in Maidstone our team of wills, trusts and probate lawyers are on hand to guide you through the process of making an application to the Court of Protection and to ensure the best interests of your loved one are protected throughout.

Our solicitors can help:

determine whether an application to the Court of Protection is necessary;

  • determine whether you have a close enough connection with your loved one to be able to make an application;
  • complete the application form on your behalf;
  • help gather any evidence needed to support your case;
  • represent you at any court hearings; and
  • ensure that the terms of any orders made are respected.

They can help you to apply:

  • to be appointed as a deputy to manage your loved one’s affairs;
  • to make decisions on your loved one’s behalf where there is disagreement about the best course of action, even where a lasting power of attorney exists;
  • for permission to withhold or administer life sustaining treatment where no advanced decision has been made;
  • for an order directing your loved one to be released from hospital or a care home where they are being held against their will;
  • for permission to make decisions not covered by a lasting power of attorney or deputyship order;
  • to make a statutory will on your loved one’s behalf where they are not in a position to make a will in the normal way; and
  • to remove or replace an attorney or deputy who is not carrying out their duties properly or who is guilty of abusing their position of trust.  

In appropriate cases, senior partners within our firm can also act as attorneys and deputies on your behalf if you would like them to.

Advising families throughout Kent and beyond

We have offices in Maidstone, Gravesend, Chatham and Tenterden where we can meet you to discuss your requirements.

We can also offer meetings at your home, in hospital or in a care facility, and in exceptional circumstances a telephone appointment can be arranged via skype. 

Funding

An initial appointment to discuss your requirements can be arranged from £95 plus VAT.  After that we can agree funding arrangements to suit your budget. For some cases involving the Court of Protection legal aid may be available. 

Get in touch

Call us on 01622 673081 if you need our help. Alternatively, please complete our Contact Us form and we will be in touch as soon as possible.

 

For further information please call to speak to one of our experts on 01622 673081