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Court of Protection

We understand that some of the most important decisions in our lives may need to be made at a time when we are unable to do so due to loosing mental capacity. The Court of Protection is a legal governing framework which can make decisions on financial or welfare matters for individuals who are unable to make an important decision themselves.

At QualitySolicitors Truemans, we work in all areas of Court of Protection supporting individuals on their cases. As a law firm, which provides this service in Oxfordshire, London and the Midlands and South of England, you can expect your case to be managed from the beginning until the end by a reputable solicitor from the firm. With many years of experience of working with Court of Protection cases, we understand the challenges that you could face.  

The responsibility of the Court of Protection

The Court of Protection has a series of crucial roles to support individuals should they lose mental capacity and are unable to decide on their own. These responsibilities include:

  • Ascertaining whether the individual has the mental capacity to decide for themselves
  • Appointing deputies or attorneys to make ongoing decisions for individuals who lack mental capacity to manage one or both types of decisions:
    • Health and Welfare
    • Property and Financial Affairs
  • Giving the permission to make a one-off decision for someone who is not a deputy or attorney on behalf of the individual who has a lack of mental capacity
  • Managing and handling all urgent applications for an individual who has not appointed a deputy or attorney, to make crucial decisions
  • Make decisions in relation to drawing up Lasting Power of Attorney, considering any objections to a new registration
  • Review applications to making a statutory Will or gift on behalf of the individual who has a lack of mental capacity. A Will made to the Court of Protection is known as a statutory Will and deputies and attorneys cannot execute a Will without the Court of Protection’s approval. Various matters are necessary for the Court of Protection to consider before it will approve a statutory Will:
    • Why has the individual never made a Will before
    • Is there a reduction in the value of an individual’s estate
    • Or an increase in the value of an individual’s estate – this could be a compensation award or inheritance from someone else’s estate
    • Tax planning purposes
    • Is there a beneficiary within the Will who has passed away
    • Or a beneficiary within the existing Will who has received a substantial gift and it should be adjusted for other beneficiaries
  • Make a decision about deprivation of liberty under the Mental Capacity Act 2005

The Main Court of Protection is in London, where cases can be heard by High Court judges or district and senior judges. 

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Why QualitySolicitors?

QualitySolicitors is the largest network of law firms in the UK, with local law firms spanning the whole of England and Wales and customer service at the heart of everything we do.

We are dedicated to providing the highest quality legal advice and expertise for our customers, but in a way that’s far friendlier, more accessible and clear-talking than you might expect from a law firm.