Wills, Tax & Trusts

Court of Protection

 

The Court of Protection is the specialist court with jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.

However, the Court can also give powers to someone else, such as a member of family, friend or professional adviser, if there is a need for decisions to be made on an ongoing basis. If the Court gives these powers to somebody else, they are known as a Deputy. If a person wishes to be appointed as a Deputy, an application must be made to the Court for an order appointing them in this capacity.

There are two types of Deputyship Order as follows:-

Property and Affairs Deputy – this allows a named individual to make decisions about property and financial affairs including the sale and purchase of property; and

Personal Welfare Deputyship – this allows a named individual to make health and welfare decisions on the person’s behalf, such as what medical treatment they are to receive and how they are looked after.

If the application is successful, the Court will grant the Order setting out the Deputy’s specific powers in relation to the person’s property and financial affairs or personal welfare. Once appointed, the Office of the Public Guardian (OPG) will help the Deputy carry out their responsibilities. The Deputy must always act in the person’s best interests and follow the rules of the Mental Capacity Act.

Everys can guide you through the complexities of making an application to the Court of Protection. Please contact one of our lawyers on 01823 337636 to discuss how we can assist, or complete the form and we will be in contact.

Commercial Admin Secretary – Taunton

We currently have a vacancy for a secretary with commercial property experience and an interest in farming and rural affairs for our Taunton office. This is a full-time vacancy.  We are looking for an organised individual with previous commercial/conveyancing...

Legal Secretary – Family Department – Exeter

EXETER OFFICE We currently have a full-time vacancy for an experienced Family Secretary in our Exeter office. Our Family Department has a highly regarded childcare team and specialists dealing with a broad range of work including advice on divorce, separation,...

Preparing for your divorce appointment

By Preparing for your divorce appointment – what do I need to bring with me? In order to assist clients with their initial divorce and finance appointments, I thought it useful to list some of the things that would be helpful for the solicitor to have at...

UPDATE ON REMOTE SIGNING AND WITNESSING OF WILLS

By Update on remote signing and witnessing of wills Following on from our recent article on remote signing and witnessing of wills, we want to offer an update now as a result of the new law being in place. The technical bit A change to the Wills Act 1837...

Mediation training for Exeter Law Students

DASLS Mediation Panel was delighted to put on a Mediation training event for the Exeter University Law Students on 8th October 2020. In a change to last year’s offering with delivery on campus and in person, this year it was conducted entirely by Zoom!  Despite a...