Court of Protection
When a person has been assessed as lacking capacity, they are generally unable to appoint an attorney to act on their behalf under a Lasting Power of Attorney and therefore the Court of Protection will need to be involved. There are two areas of decision making that the Court of Protection deals with: the first is the management of people’s property and affairs; the second is making decisions in relation to personal health and welfare.
Mental capacity can be lost in several ways, and is often lacking because of a neurological diagnosis, including Alzheimer’s disease or dementia. It may be affected by a traumatic event, like a road traffic accident, an accident at work or as the result of an injury at birth. We also have clients whose capacity has been altered due to prolonged substance abuse and this may mean that capacity can fluctuate over time.
Some people’s capacity is unlikely to change over time and they will lack capacity to make some decisions from an early age, for example if they have a learning disability. However, even where there is no fluctuation over time, the person may be able to make some decisions but not others. When an assessment of a person’s capacity takes place, it must address whether the person has the capacity to make the specific decision at hand. This is because the information relevant to each decision is different. A lack of capacity can be permanent, temporary, or it can “come and go”. Therefore, the test of capacity is not only decision specific but time specific too. If at the point a decision needs to be made a person has been formally assessed as lacking the capacity to make that particular decision, an application will need to be made to the Court of Protection to ensure that it is made legally, in the person’s best interests, and after all of the circumstances and evidence have been considered.
The Court of Protection will become involved in “decision specific” applications, including who the vulnerable person may have contact with or where they might live, or they can be responsible for determining applications surrounding the appointment of a deputy. A deputy can be given a wide authority to manage all the financial or health and welfare affairs of the vulnerable person or the Court can restrict a deputy’s authority to only being able to make decisions about specific matters.
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Ursula spoke at great length with me offering advice all the way. She was a great help. Not many would have been as engaging, or helpful. Contacting a solicitor can be a daunting experience but Ursula was really friendly.
Hi Julia. Thank you so much for all your efforts to help me . I have to say this would not have happened without you! You are all an amazing team and I really feel you all care !! So thankful to pat for recommending you all , she’s such a lovely lady . Our house is beautiful and we are on cloud 9! And more to the point, I’m finally rid of that bully for good! I would highly recommend you and your team to anyone! Thanks a million! JW.
I would like to say a sincere thanks to Jemma and EMG for helping me through a difficult time with a long term tenant who, through ill health was unable to carry on paying the rent and has since moved on to long term care, via the court of protection.
If Jemma hadn’t become involved and guided me through the difficult procedures to recover the arrears and regain the possession, I think we may have been struggling through without resolution for many months or even years.
I would certainly recommend Jemma and EMG to others in this position as you get the feeling that they really do care about your problems, but also in a very professional manner too.
“Thanks to Sam, I feel like a weight has been lifted off my shoulders. Thank you again for your time. I certainly will recommend you and EMG for your professionalism and your kindness.” D. Rutter
“ Jemma – I just wanted you know how grateful I am for all your help and assistance at the tribunal, also your concern and caring manner you always have for us all.”
Thank you also for Richard, 100% agree with all your past clients, he so easy to work with, keeps you updated, fast and in general made the whole process (almost; as much as can be when buying a house 😉) stress free!
Paul is so pleased with all of the support you have been able to offer up during the purchase process.
He is impressed by the way that you are free to help him and talk matters through. He also commented on how happy you always sound as well.
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Thanks to my Mam and Dad for their help and support through it all, I couldn’t have done it without them!! And Callum and EMG Solicitors you’ve been amazing”
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