Your Court of Protection Solicitors Chester: AFG Law
If an individual lacks capacity to make decisions for themselves (pursuant to the Mental Health Act 2005), and they have no Lasting Power of Attorney, their interests are protected by the law as a Protected Person.
Responsibility for making day-to-day decisions, as well as important financial decisions, will fall to a Deputy to make within the scope of that permitted by the Court of Protection. Our Court of Protection Solicitors, part of our Private Client team, regularly assist clients and their family members in the Chester area to provide advice and independent services as Professional Deputies.
As a Professional Deputy, the Solicitors at AFG Law can provide objective and independent advice to a Protected Person. They can also make decisions on behalf of the Protected Person to ensure their day-to-day and financial affairs are kept in order, and provide representation with regards to any decisions to be made as to their care. This includes dealing with the Court on your behalf, easing the burden during what can often be a difficult and stressful process.
What is the Court of Protection?
The Court of Protection is a specialist court established under the Mental Capacity Act 2005. The role of this Court is to make decisions on behalf of people who lack the mental capacity to make specific decisions for themselves. This could be due to conditions like dementia, brain injury, severe learning difficulties, or mental illness.
The court deals with issues such as:
- Important decisions about the person’s home, personal property, financial affairs, health and welfare
- Appointing a deputy or attorney to act on behalf of someone who lacks capacity
- Authorising one-off decisions (e.g., selling a home, placing the person in a care home etc)
- Ruling on disputes over Lasting Powers of Attorney
- Handling serious medical treatment cases (including life-sustaining treatment)
- Resolving disagreements between families, carers, and professionals
The court’s guiding principle in Court of Protection cases is always the best interests of the individual who lacks capacity.
Why Appoint a Specialist Court of Protection Solicitor?
Professional deputies are a specialist Solicitor appointed by order of the Court of Protection (on applying to the Court to represent the Protected Person), on it being determined that an individual lacks mental capacity.
They either represent the Protected Person with regards to personal welfare, or property and financial affairs. By appointing a Deputy, it is ensured that the Protected Person is being provided with objective advice from a regulated legal professional, who will act in the best interests of the Protected Person.
This is of particular importance when a Protected Person has significant financial assets which need to be overseen and invested appropriately to support the Protected Person’s care and lifestyle. Appointing a specialist solicitor as Deputy offers reassurance that complex legal and financial matters are being handled with expertise, providing peace of mind to families and loved ones during what can often be a difficult and emotional time.
Other Issues Involving the Court of Protection
In addition to deputyship issues, legal advice may be needed by a Protected Person or family members in relation to Court of Protection issues concerning:
Lasting Power of Attorney
Proactive applications to the court by an individual to appoint someone to act on their behalf in the event they lose capacity;
Statutory Wills
For those who lack testamentary capacity, a Statutory Will is drafted alongside an application based on evidence drawn from the family and others. The aim of a Statutory Will is to create a Will for the person in question that matches as closely as possible the Will they would have made if they had the capacity to do so themselves;
Emergency Applications and Urgent Medical Treatment
In urgent cases, such as life-threatening medical decisions or safeguarding concerns, the Court of Protection can act quickly. Emergency hearings can be listed in a matter of days, or even hours in extreme circumstances, to deal with issues such as medical procedures, interim orders to protect the Protected Person’s health or safety, or to resolve matters as to protection from abuse or exploitation
Speak to AFG Law’s Court of Protection Solicitors, Chester
For specialist legal advice and support, contact the Court of Protection Solicitors, Chester at AFG Law by email at privateclients@afglaw.co.uk. You may also contact us today via phone on 01204 920106, and one of our experts will be happy to book in an appointment to discuss your Court of Protection requirements.
As with any area of law, disputes can arise and it can be invaluable when it comes to the matter of any Court of Protection issue that you have a legal expert on your side.
Issues around the Court of Protection can often be emotionally charged, particularly given the involvement of a vulnerable individual. If you are in doubt as to how a vulnerable family member or loved one’s finances are being managed, contact our team to discuss.
Our Court of Protection Solicitors are skilled in resolving disputes through negotiation where possible, or representation in Court if necessary. The team at AFG Law also represent clients in capacity assessments and best interest hearings, often working alongside medical professionals, social workers, and advocacy services.
AFG Law has a number of offices based in the Greater Manchester area, with offices in Bolton, Bury and Stockport, and we are therefore the perfect legal advisor for anyone seeking advice from Court of Protection Solicitors in Chester or the surrounding area.
