Court of Protection

The Court of Protection will decide if a person no longer has the mental capacity to make financial or welfare decisions for themselves. If an Lasting Power of Attorney has been set up then this is set in place, if not then the Court of Protection will appoint a deputy - an individual who can legally make decisions on behalf of another person.

There are two types of deputy, similar to those of Powers of Attorneys:

A property and affairs deputy - someone who will manage a person’s financial and property matters on their behalf, such as managing bank accounts, paying bills / care home fees and selling property.
A personal welfare deputy - someone who can make decisions about a person’d health and welfare, such as living arrangements, medical treatment and day-to-day care.

We provide expert advice in the following areas:

If a loved one no longer has mental capacity to manage their own affairs, we can help with the following applications:

The application for an individual to be appointed the Deputy with the Court of Protection in order to manage the financial and property affairs of a family member.
The application for a member of our department to act as a Professional Deputy on behalf of clients. This is particularly relevant where there are no family members available to take on this role.
The management of the financial and property affairs on behalf of the client upon an ongoing basis.

How can Jordans Solicitors Help?

Our highly experienced lawyers are specialists in this area of law. They are here to listen to your wishes and to provide expert advice whilst being committed to excellent client care through a client focused, efficient and cost effective service.

You can contact us on 0330 300 1103 or request a call-back below.

FAQs

The Court of Protection makes financial or welfare decisions on behalf of people who are unable to manage their own affairs due to their mental incapacity. The Court of Protection can:
- Decide whether a person has the mental capacity to make financial or welfare decisions for themselves or if it is necessary to appoint a deputy.
- Legally appoint a Deputy to make decisions on behalf of the person with incapacity
- Grant permission for a family member to make a one-off decision
- Make decision on emergency applications that have tight deadlines and/or timeframes
- Decide on applications for making wills or gifts
Deputies must be over 18 and not have a criminal record or ever been declared bankrupt.
A Deputy can either be an individual known to the person who lacks capacity, usually a relative, or you can have a Professional Deputy. A Professional Deputy can be an individual solicitor or a trust corporation. This is usually the option preferred if the person does not have any relatives who can take on the role of a Deputy.
You can also have two or more people who are appointed as joint deputies.
The only way to avoid this process is by planning ahead when you can and getting a Lasting Power of Attorney. You put it in place when you are fit and able to do so and we store them on your behalf. It will only come into effect upon your instructions or if you were to lose the capacity to make your own decisions. This would avoid the need for family members to make an application to the Court of Protection.
A key advantage of a Lasting Power of Attorney is that it is set up and ready for use the moment it is needed, whereas the appointment of a Deputy takes time to set up after the point at which it is needed. This can be costly and cause serious inconvenience and worry to the people looking after you (for example regarding the payment of nursing home fees). For more information see Lasting Powers of Attorney.

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We offer a free initial consultation to discuss your requirements.

And because we understand that life is busy and it’s not always easy to take time out during standard working hours, our team can also offer out of hours appointments including evening and weekends as well as home visits, should you instruct us.

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Our reviews

Alicia Burbeary

My wife and I decided to use Jordan’s Solicitors as they had a local office in Horsforth where we live. We wanted advice on rewriting our wills and on Powers of Attorney to suit our current family circumstances. Alicia Burbeary, Solicitor, gave us clear and comprehensive advice on what can be a very complicated area of law. We cannot thank her enough for the assistance she has given us.

Robert Bates

Dual LPA set up & completed in a timely manner with excellent explanations & guidance coupled with good communications, including contacting relevant family members.

Sophie Costello

Sophie is very good at dealing with elderly people, she has a nice way about her... I am 84 years old and was a bit nervous about seeing a Solicitor but Sophie put me at ease straight away.

Lucy Copley

I have had the pleasure of dealing with Jordan’s solicitors for the past 12 months following the death of my mother. The execution of her will, and the sale of her flat proved to be very lengthy and difficult, but thanks to the late Peter Kirrane, Lucy Copley and Belinda Swain, a very stressful and difficult process has been completed very satisfactorily. I have to say that a huge amount of anguish throughout, was lessened due to the respect shown to my late mother by all the staff I was in contact with, and in particular the fact that Lucy and Belinda kept me informed weekly on the process and stages achieved with no small amount of appropriate humour. I will not hesitate to use them again should the need arise. Top marks. Thank you.

Lisa McGirr

Lisa has been a wonderful help to our family. Her insightful and experience took away much of the worries. She did only needed certain details to get the things sorted. So impressed how smoothly and quickly things took place without any problems. Thank you Lisa McGirr at Jordans Solicitors Dewsbury.

Sophie Costello

Sophie dealt with my will and LPAs very efficiently. She explained everything clearly and answered my questions in a friendly and helpful way. Sophie responded to emails quickly also. I felt that nothing was too much trouble for her.

Sophie Costello

Arranging the meeting was very easy & efficient. The meeting was both friendly and courteous, everything was explained and our questions answered. The production of documentation was on time and we were proactively chased up on a delay to our return of signed documents, which we found good, as in our experience other solicitors in other practices have not been proactive. We now await the LPAs being registered

Lucy Copley

My experience with Jordans has been brilliant. The process has been clearly explained throughout, and breakdowns of cost provided. The team have been responsive and advised on queries clearly to help navigate the process.

Sophie Costello

Lucy Copley

Lucy ambler was efficient and charming

Lisa McGirr

A very professional service was given by Lisa McGirr. Very Happy and very helpful.

Lucy Copley

I met with Lucy to make a new Will and she made the procedure very simple and straightforward at a difficult time. I would use Jordans again and I give this recommendation without reserve and with the utmost of pleasure.

Lisa McGirr

Very happy and very helpful

Robert Bates

I thoroughly recommend Robert Bates who supported me with advice regarding a work matter. He was thorough, took the time to explain process/paperwork and put me at ease.

Sophie Costello

Sophie provided an excellent will writing service and was professional and helpful with advice and answering any questions throughout the process. I would thoroughly recommend Sophie to anyone looking to put their will in place.

Lucy Copley

My partner and I were getting wills written up, all the details were well explained and every question was answered in detail in an easy to understand way. It was a very straightforward and quick process. Communication in person, over the phone and emails was very professional and made us feel like we were in a safe pair of hands.

Lisa McGirr

Fabulous service, very quick and easy to produce and explicit throughout. Thank you

Lisa McGirr

Miss McGirr made it very easy to understand.

Robert Bates

Dual LPA set up successfully, explanations & guidance were excellent with very good communications, including consulting relevant family members.

Lisa McGirr

Lisa McGirr, brilliant!

Lisa McGirr

A credit to your company. A very professional service was given by Lisa McGirr.

Lisa McGirr

Lisa Mcgirr helped us with our wills,she enabled us to fulfill our wishes and expertly explained things like inheritance tax and powers of attorney. Lisa was supremely professional, very patient and very pleasant.

Lisa McGirr

Lisa was very professional. She also took time to answer my question very clearly. She gave me confidence and trust. She was fast in responding to my mails. Thank you

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