Your Court of Protection Solicitors in Manchester: AFG Law
If an individual loses or lacks capacity to make decisions for themselves (pursuant to the Mental Capacity 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 team of Court of Protection Solicitors regularly assist clients and their family members in the Greater Manchester area to understand the intricacy of the legal system. Our Court of Protection specialists also provide independent services as Professional Deputies.
As Professional Deputies, the Solicitors at AFG Law can provide objective and independent advice to a Protected Person, as well as making decisions on behalf of the Protected Person to ensure their day-to-day and financial affairs are kept in order. We also offer representation in regards to any decisions to be made in relation to their care.
What is the Court of Protection?
The Court of Protection was established under the Mental Capacity Act 2005. It is a specialist court that makes decisions for people who are unable to make choices for themselves. This could be due to conditions such as dementia, brain injury, severe learning difficulties, or mental illness.
The court’s responsibilities are wide-ranging and may include:
- Appointing a Deputy or confirming an Attorney to manage someone’s affairs when they lack capacity.
- Granting permission for specific actions, for example, selling a property or dealing with investments.
- Considering cases involving deprivation of liberty, such as restrictions on a person’s movements in a care setting.
- Authorising medical treatment decisions, including those relating to life sustaining care.
- Deciding disputes relating to Lasting or Enduring Powers of Attorney
- Settling disagreements between families, carers, and professionals.
At the heart of every decision made by the Court of Protection is one key principle: ensuring that the outcome is always in the best interests of the individual concerned.
Why Appoint a Specialist Court of Protection Solicitor?
Professional deputies are specialist Solicitors 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.
A professional deputy either represents the Protected Person with regards to personal welfare, or property and financial affairs. Appointing a Deputy helps to ensure that the Protected Person is being provided with objective advice from a regulated legal professional. The professional deputy will be expected to 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, in order to support the Protected Person’s care and lifestyle.
What is the Role of a Professional Deputy?
Deputies must act in the best interests of the person and comply with legal duties. Such duties include the maintenance of accurate financial and decision making records on behalf of the Protected Person, as well as obtaining Court approval with regards to any major decisions (such as gifting of lump sums of money, or the purchase/sale of significant assets, such as a property).
A Deputy is also required to submit annual reports to the Office of the Public Guardian (OPG), who act as an auditor of the Protected Person’s assets and any key decisions made on their behalf.
The role of a Professional Deputy can be extremely intense. It often requires daily work being undertaken on behalf of the Protected Person to ensure their daily needs are met.
Other Issues Involving the Court of Protection
In addition to deputyship issues, legal advice may be needed by a Protected Person or family member regarding other matters relating to the Court of Protection, including:
- 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
AFG Law – Our Court of Protection Services in Manchester
For specialist legal advice and support, contact our Court of Protection Solicitors in Manchester 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.
