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If a person is unable to give an authority to deal with the full extent of his or her assets (by virtue of losing his or her capacity) and no such authority is in place, the involvement of the Court of Protection may be required. The court may only make decisions on behalf of a person who lacks capacity, where the capacity is in dispute or to determine a change in capacity.

The Court of Protection can exercise its jurisdiction in a number of ways and may:-

  • make a declaration as to a person’s capacity to make a decision (therefore confirming that the person concerned can make a valid decision or where he lacks capacity, a decision can be made on behalf of that person)
  • make a declaration that a particular act done in relation to a person who lacks capacity is lawful
  • make a decision on behalf of a person who lacks capacity
  • appoint a deputy to make decisions on behalf of a person who lacks capacity to make those decisions

The Court of Protection can declare that a doctor may lawfully carry out an operation or withdraw life-sustaining treatment from a person who lacks capacity. Where a person’s property and financial affairs are concerned, the court can confirm that a person has capacity to make a Will or a substantial lifetime gift. In these circumstances the court prefers to allow (where possible) a person to make his own decision.

Our services include applications to the Court of Protection for the appointment of a deputy, the approval of gifts and statutory wills as well as more complex applications.

Please call our mobile friendly number on 033 33 22 1000 or 0800 9878156 or send us a message for further information.

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