If someone lacks capacity to make decisions for themselves the Court of Protection can appoint a deputy/deputies to make certain decisions on their behalf, or can make decisions for them. At Clarke Mairs we routinely make applications to the Court of Protection and provide, clear, practical guidance at the time the application is made and after.
DID YOU KNOW
- If an incapacitated person has not put in place a Lasting Power of Attorney or an Enduring Power of Attorney, a family member or friend can apply to the Court of Protection to be their deputy to look after their property and financial affairs and in certain circumstances, to make health and welfare decisions for them.
- Where an incapacitated person has not got a Will, or their current Will is inappropriate (e.g. it is not inheritance tax efficient, or leaves money to someone who has died), the Court of Protection can approve a new Will (known as a “Statutory Will”). Attorneys and deputies cannot make a Will for an incapacitated person; Court approval must be sought.
- An application to the Court will need to be made for attorneys and deputies to make gifts outside their powers.
Applications in these circumstances can, for example, help save inheritance tax and with continuation of regular payments.
- The Court requires medical evidence of incapacity to accompany any application. We can assist in obtaining this in the correct format.
- A property and financial affairs deputy must submit an annual report. We can help you complete this.
- Many people incorrectly assume because of a person’s appearance, age or diagnosis that they cannot proceed with making a Will, putting in place a Lasting Power of Attorney or another legal transaction. We can seek a medical opinion to determine whether the person has capacity to proceed, which could remove the need for a Court of Protection application.
‘A dementia-friendly community is a city, town or village where people with dementia are understood, respected and supported and confident they can contribute to community life.’