Court of protection and deputyship
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If you or a relative do not have a power of attorney in place and subsequently lose capacity, a deputyship application to the Court of Protection can be made.
We can provide guidance through the application process which can take many months to finalise with the courts. One of the many disadvantages to deputyship is that the deputy often has far more limited powers than an attorney and may have to ask permission from the Court to deal with certain assets. The deputy also has to account to the Court at all times and provide annual accounts and information on resolutions made on behalf of the incapable person for the Court to approve.
If a relative has lost mental capacity and does not have a will or has a will that is old or poorly drafted, a Statutory Will application to the Court of Protection can often rectify the situation.
Our private client solicitors can guide you through the often lengthy and complex process and offer advice as to the likely success of the application.