THE COURT OF PROTECTION AND DEPUTYSHIPS

Our private client department works closely with our clinical negligence and personal injury department in offering a specialist yet comprehensive service for and on behalf of individuals who lack mental capacity to handle their own financial affairs or make decisions regarding their own welfare.

Our expertise in Deputyship work covers basic and specialist needs, from the payment of bills, to recruitment of care teams, purchase and adaptation of property and specialist equipment, and production of annual accounts and tax returns for the Office of the Public Guardian. We also provide expert evidence regarding professional deputyships in personal injury cases and assist those appointed by the Court to act on behalf of a vulnerable person.

We have extensive experience advising upon powers of attorney and statutory Wills and disputes before the Court of Protection. We also advise upon provision and withdrawal of medical treatment, Advance Decisions and Directives, welfare issues, and Deprivation of Liberty cases including provision of care in a hospital or care home and decisions relating to where you or a loved one wish to live.

About the Court of Protection

The Mental Capacity Act 2005 provided for a new Court of Protection to make decisions in relation to the property and affairs and healthcare and personal welfare of adults (and children in some cases) who lack mental capacity. The Court also has the power to make declarations about whether someone has the capacity to make a particular decision.

The Court has the same powers, rights and authority in relation to mental capacity decisions as the High Court.

The Court has the powers to:

• Decide whether a person has capacity to make a particular decision for themselves;
• Make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
• Appoint deputies to make decisions for people lacking capacity to make those decisions;
• Decide upon whether a Lasting Power or Attorney or Enduring Power of Attorney is valid;
• Remove deputies or attorneys who fail to carry out their duties; and
• Hear cases concerning the validity of, or objections to registering a Lasting or Enduring Power of Attorney

For further information relating to our Court of Protection and Deputyship service, please click here for our factsheet.

For all work relating to the Court of Protection and Deputyships, please call Matthew Duncan or Patricia Hawkins on 020 7814 1200 or email mduncan@kingsleynapley.co.uk or phawkins@kingsleynapley.co.uk.

 

array (
  'documents' => '1977',
  'tpl' => 'CaseStudy',
  'orderBy' => 'menuindex ASC',
)

array (
  'documents' => '1978,2790',
  'tpl' => 'Download',
)