Court Of Protection

The Court of Protection solicitors at AFG LAW are experts in providing legal advice and guidance regarding Court of Protection applications.

If you are based in Bolton or the North West and need help with a close friend or family member who is no longer able to manage their own finances, contact our private client services team for further information or call us on 01204 377600.


Court of Protection Solicitors

What is the Court of Protection?

The Court of Protection and the Office of the Public Guardian exists to protect and manage the financial and property affairs of people who lack the mental capacity to do so themselves. The court does this by appointing a deputy capable of managing those affairs on their behalf.

In order to start the process it is possible to make an application, which our Court of Protection solicitors will guide you through. Applications are normally made by close family, but can also be made by a professional depending upon the circumstances.


How Does the Court of Protection Work?

A Court of Protection application provides the court with details of the individual in question’s expenditure and income. The deputy then completes a declaration form; a medical certificate is also required and is usually completed by the person’s GP.

The process can take some time but our expert court of protection solicitors will keep you fully up to date at every stage of the process.

Once the court makes an order the deputy is authorised to deal with all aspects of the person’s finances. These include day to day responsibilities such as collecting benefits and paying bills.


Statutory Wills

Statutory Wills are made for individuals who lack testamentary capacity. To have a statutory Will drafted an application must be compiled together with a draft Will 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.

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