Legal Services for Elderly Clients

Court of Protection and Deputyship Legal Services

If you are the family member, friend or carer of someone you can no longer make decisions for themselves, it will be necessary for the Court of Protection to appoint a Deputy to act on their behalf.

A Deputy is a person who the Court appoints to make decisions on behalf of another person ('the donor') either until they die or until such time as they are able to make their own decisions again.

Whilst it is often the case that close family members are appointed by the Court to act as a Deputy for a Donor, it isn't always so.  Accountants, solicitors, other professionals as well as local authorities are sometimes appointed, particularly if there is no-one else who is willing or able to be appointed.

The decisions that a Deputy might be empowered by the Court to make can be wide and relate to the Donor's property and financial affairs and/or their personal welfare.

A Deputy is appointed by the Court following an application made by the proposed Deputy supported by medical evidence of the Donor's incapacity.  The process can be lengthy and sometimes complicated.  It is important that a proposed Deputy obtains legal advice not just about the process but also regarding the extent of the power given to them by the Court and their ongoing obligations to keep records and report annually to the Court.

Our experienced and capable team of lawyers are able to advise and assist on all aspects of applying to the Court of Protection (including the legal, medical and court fees) and preparing the documents for you.  They understand that often such advice is sought at a time of crisis and aim to simplify the issues and deal with them in a sensitive and practical way.

For more information please call our team on 01604 622101 or 01536 523434.

If you need advice or assistance please email: advice@bmtclaw.co.uk

Susan Owens

Partner

Email Susan

01536 523434

Meet the team

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