Court of Protection Applications
Where a deputy has already been appointed and they do not have the authority to make a certain decision, or if a deputy has not been appointed but a specific decision needs to be made on behalf of an incapacitated person, which they cannot make for themselves, a one-off application will need to be made to the Court of Protection so that a valid decision can be made.
The most common applications that are made to the Court of Protection include:
• Application for a Statutory Will · Gift application (see factsheet)
• Application to sell/purchase a property.
• Application to make/amend financial investments.
• Application relating to the withdrawal of life-sustaining medical treatment.
• Application relating to the issue of legal proceedings.
• Application relating to health and welfare decisions (including residence, contact, medical treatment, care, marriage and sexual relations). For more information click here.
• Challenges to deprivations of liberty
We have experience in advising and assisting with all the types of applications listed above and we can also assist you with an application to the Court for retrospective approval if it comes to light that a decision has been made that was outside the scope of your original authority. If you would like to discuss Court of Protection applications with a member of our team please contact us for further information.
We have provided some more information in the attached factsheet in relation to one of the more common applications that we are asked about, which deals with gifts being made from the incapacitated party’s estate.
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We were very pleased with the attention and service we received from Ms Turnbull. She was friendly and professional.She listened to our requirements and explained the possible options clearly and in language we could understand. The will-writing and further consultation with us was timely and efficient. The outcome met our expectations and more, and we are very grateful for the assistance we received from Ms Turnbull.
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!