The Court of Protection is a specialist court that has authority to make decisions on behalf of people who lack the necessary mental capacity to make decisions themselves in an informed way. The Court of Protection commonly deals with decisions that affect people living with dementia, a brain injury or some other mental health disorder. Any decision of the court is made having regard to the best interests of the person concerned and in accordance with the principles of the Mental Capacity Act 2005.
The specialist Court of Protection team at Pinney Talfourd is led by Matthew Edwards. Matthew is one of only 71 solicitors in the country listed on the Court-Approved List of Panel Deputies; in this role, he regularly accepts deputyship appointments from the Court of Protection which involve complex financial circumstances and family disputes for clients not only in Essex and London but further afield.
The Court of Protection deals with a wide range of applications, but more routinely deals with applications that lead to:
The appointment of a Deputy so that the property and financial affairs of someone who lacks mental capacity can be responsibly managed – often the applicant will be a close relative or friend. Once appointed the deputy will act under the supervision of the Office of the Public Guardian.
The appointment of a trustee for the sole purpose of selling a property belonging to someone who lacks mental capacity.
The court’s approval of a Will prepared by the applicant on behalf of someone who lacks mental capacity – this is known as a “Statutory Will”.
The discharge of an unsuitable deputy or attorney acting under a registered Lasting Power of Attorney who has not acted in the best interests of the person lacking mental capacity – often the reason for discharge is a result of financial abuse having been carried out.
The prior or retrospective approval by the court of gifts made by a deputy or attorney to a third party on behalf someone who lacks mental capacity.
Recovery of assets belonging to someone who lacks mental capacity that has been lost as a result of financial abuse by a previous deputy or attorney.
Matthew and his team of expert solicitors have the necessary experience and expertise to guide you through the process of a Court of Protection application.
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