COURT OF PROTECTION
Have you ever thought about what would happen if you lost mental capacity? Have you planned for this possibility?
Losing mental capacity can be a life changing and emotional rollercoaster. It can happen for several reasons and most often without any warning. For example, an accident, brain injury, mental health or other neurological conditions.
Disabled children with learning or cognitive special needs are also particularly vulnerable. Beyond the age of 16, you may find it more difficult to make decisions about your child’s education, health, social care and accommodation needs.
It is at this time that your child will transition from children services to adult social care and additional legal authority is required.
If the person still has capacity, then a Lasting Power of Attorney can be made. Otherwise, an application will need to be made to the Court of Protection if the person you want to make decisions for has already lost mental capacity.
Applying to the Court of Protection to seek a Deputyship Order is a very specialist area of law. There is a court procedure to follow, and our experienced Solicitors will guide you through the process to help make the deputyship appointment as easy as possible.
The court order will determine the extent of the Deputies powers e.g. ability to sell property and the court oversees the appointment.
Deputyship can be seen as a quite an onerous task but at Newstead & Walker, we want you to feel confident following your appointment that you understand your limits and obligations.
WHAT TO DO NOW?
It is never too early to start planning for the future so contact our qualified and friendly Private Client team on 01943 461414 to make an appointment. The first step is usually the hardest!
Our Private Client department want to get to know you. They will listen to your circumstances and provide clear and uncomplicated advice tailored to your needs. Visits outside of the office can also be arranged for homes, hospitals, care homes or hospices.