Court of Protection
Our in-depth experience of the Court of Protection and their intricate powers and processes means we are well placed to handle any matters requiring the input of the Court.
The Court of Protection and Office of the Public Guardian
The Court of Protection is a specialist court dealing with the affairs of people who are unable to make their own decisions due to mental incapacity. The Court can:
- Appoint deputies to make decisions on behalf of people lacking mental capacity
- Oversee arguments concerning attorneys and/ or deputies
- Consider applications in relation to the affairs of a person who is mentally incapable, including statutory will applications, applications for the approval of lifetime gifts and the administration of powers of attorney
The Office of the Public Guardian (OPG) is the administrative arm of the Court of Protection. As a government body the OPG is responsible for investigating attorney or deputy concerns, registering lasting powers of attorney, keeping a register of registered LPAs, supervising deputies and investigating reported abuses of power.
Appointing a Power of Attorney to a Deputy
In certain situations, it may be that a relative or family member may no longer be capable of controlling their finances and require help to ensure that the correct decisions are made for them and their future. At this time an appointed deputy would be able to step in, offer support and make the crucial decisions that are in the person’s best interests.
The Court of Protection reviews a lot of information before appointing a deputy whom they feel meets the individual’s best interests. This can be a stressful process at what is likely an upsetting time. Our team has experience in handling delicate situations such as these and can work with you to complete the deputyship application in as smooth a manner as possible.
The Panel of Deputies
We sit on the Court’s panel of solicitors and our senior partner regularly acts as deputy for individuals either with complicated affairs or who have no family members (or willing family members) to undertake the role of deputy. Also, five of our Private Client team are fully qualified members of the Society of Trust and Estate Practitioners (STEP).
STEP is a professional organisation for solicitors and practitioners specialising in matters such as inheritance and succession planning. They are committed to improving the public’s understanding of the issues families can face regarding succession planning and inheritance matters.
How we can help
Here at Barker Gotelee we are able to assist in all Court of Protection matters with typical services including:
- Preparing and entering initial applications
- Appointing a deputy
- Acting as a deputy
- Court of Protection disputes
- Lasting/enduring powers of attorney
- Submitting annual reports
- Applying for future authority
- Making decisions
Planning for Your Own Future
Should you wish to make plans for your own future then you may wish to make a Power of Attorney, which is a much simpler process than someone applying to be your deputy after the necessity has arisen. By planning early, you can help relieve possible stress for family members in the future and you get peace of mind in knowing you have given Power of Attorney to whom you want, in a manner you decide.
Our specialist knowledge puts us ahead of the field when it comes to all things Court of Protection related. Based in Martlesham Heath near Ipswich, Suffolk we can handle your matter with expert knowledge and understanding.
For peace of mind that your affairs will be handled by experts, and with understanding, speak to our Private Client team.
Contact us, we are here to help.