Your Court of Protection Solicitors in Bolton: AFG Law
When an individual who lacks capacity to make their own decisions needs legal protection, the Court of Protection plays an important role. The Court was established under the Mental Capacity Act 2005, and it ensures that the rights and welfare of those who lack the mental capacity to manage their own affairs are safeguarded.
This situation can arise for many reasons, including dementia, brain injury, severe learning difficulties, or mental illness. In other cases, a person may lose capacity following a personal injury or accident. Where there is no valid Power of Attorney in place, it is often necessary to apply to the Court for the appointment of a Deputy.
The person in question then becomes a protected person, and their affairs are overseen in accordance with the law in England and Wales.
Our Court of Protection Solicitors regularly assist clients and their family members in the Bolton area to understand the intricacy of the legal system. Our Court of Protection specialists also provide independent services as Professional Deputies.
As Professional Deputies, our solicitors can provide objective and independent advice to a Protected Person, as well as making decisions on behalf of the Protected Person. Contact us today to find out how we can help.
The Role of the Court of Protection
The Court of Protection deals with a wide range of issues, such as:
- Appointing a Deputy or confirming an Attorney to manage someone’s property and financial affairs.
- Approving decisions about health and welfare, such as medical treatment or care arrangements.
- Considering one-off applications, for example selling a home, managing property, or dealing with investments.
- Reviewing matters involving deprivation of liberty, such as restrictions in care homes or hospitals.
Every decision must be made in the person’s best interests.
Why You May Need Specialist Legal Advice
If someone close to you has lost capacity and you need to step in, obtaining specialist legal advice is essential. Our experienced Court of Protection solicitors in Bolton can guide you through deputyship, welfare decisions, and complex financial arrangements.
A Deputy may be a family member or a professional, such as a solicitor. Where a person has significant assets, perhaps investments, savings, or even commercial property, it may be appropriate for a solicitor to act as a Professional Deputy. This ensures impartial, regulated management of funds to provide ongoing care and support. Deputies must act in the Protected Person’s best interests, keep accurate records, and often obtain court approval before making major decisions.
Deputies are also supervised by the Office of the Public Guardian, which reviews annual reports and audits financial decisions.
What Does a Professional Deputy Do?
A Professional Deputy appointed by the Court of Protection is responsible for:
- Managing the Protected Person’s property and financial affairs, including paying bills, managing investments, and selling property if needed.
- Overseeing health and welfare matters, such as arranging care packages or making decisions about medical treatment.
- Ensuring that all decisions are in the person’s best interests and compliant with the Mental Capacity Act 2005.
- Keeping clear records and reporting annually to the Office of the Public Guardian.
The role can be demanding, requiring ongoing support and sometimes daily involvement to ensure the Protected Person’s needs are properly met.
Other Court of Protection Applications
Aside from deputyship, our solicitors also help with:
- Statutory Wills – where a person lacks capacity to make a Will, the Court can approve one that reflects what they would likely have wanted.
- Emergency applications – in urgent cases, such as life-saving medical treatment or safeguarding concerns, the Court can act quickly to protect an individual who lacks capacity.
AFG Law – Court of Protection Services in Bolton
For specialist legal advice and support, contact our Court of Protection Solicitors in Bolton by email at privateclients@afglaw.co.uk. You may also contact us today via phone on 01204 920106. One of our experts will be happy to book in an appointment to discuss your Court of Protection requirements.
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 Manchester or the surrounding area.
