COURT OF PROTECTION

Applications to the Court of Protection are made, usually, to make orders in relation to people who lack mental capacity. Mental capacity is the ability to make a specific decision at the time it needs to be made, for example, the ability to manage decisions relating to your finances after a stroke or a severe accident, or the ability to complete a Will.

What Are Deputyship Orders?

It is common to apply to the Court of Protection for an order to appoint someone to act  for you in relation to finances where you are unable to manage your finances yourself – this is known as a Deputyship Order. In this situation it would usually be a family member who would approach us as the protected party would no longer, at this stage, have capacity to instruct us themselves. All costs of the Deputyship Order are borne by the protected party.

Healys are able to help your loved one to obtain the necessary Court Order for you in the event that you need to be looked after. We manage a wealth of Deputyship Orders where we are appointed as professional deputies, or alternatively we can help friends or family members to be appointed as non-professional deputies.

What Are Statutory Wills?

It is a little known fact that a wide number of people are able to apply to the Court of Protection to ask that a Will is drafted for someone who lacks mental capacity, based on evidence of what they believe the protected person would have done. If someone were, for example, to have an unexpected accident where they no longer have mental capacity and have never drafted a Will, under the laws which govern what happens to an estate on death the estate passes to both of their parents equally. If, however,  they had never met their father, or have a partner who should be maintained in some way, evidence could be used to apply to the Court for an Order to allow the completion of a Will for that person, disinheriting their father.

The costs to make applications to the Court of Protection are borne by the protected party and therefore those trying to help the protected party do not necessarily need to be out of pocket for their help.

How Healys Can Help?

At Healys we have expertise in making applications to the Court on your behalf and can fix our fees at the outset so that you are always aware of costs going forward.