Court of Protection
Wills & Probate
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Court of Protection Solicitor
When do you need to make an application to the Court of Protection?
When a person no longer has the capacity to deal with their own affairs and there is no power of attorney in place, the family have trouble gaining access to their bank accounts, selling property, and paying any outstanding accounts. In this situation, it will be necessary to make an application to the Court of Protection to appoint a Deputy to deal with the person’s affairs.
The role of a Deputy is like an Attorney; as they must manage the property and affairs of that person, making decisions with regards to health and welfare and act in their best interests.
To make an application to the Court of Protection you will need to ascertain as to whether you require permission from the Court. You will not usually need permission if the application relates to property and affairs, but it is required if the application relates to health and welfare.
What powers does the Court of Protection have?
The Court of Protection has the power to:
- Decide whether a person has the capacity to make decisions for themselves.
- Make orders on financial or welfare matters affecting people who lacks the capacity to make these decisions.
- Appoint a deputy to make ongoing decisions.
- Decide whether a Power of Attorney is valid.
- Remove deputies or attorneys who fail to carry out their duties.
- Hear cases concerning Power of Attorney applications.
How much does it cost to make an application to the Court of Protection?
The following fees are payable to the Court of Protection but an application for exemption or remission may be made if the person to which the application relates receives a low income:
- Application Fee £400.00
- Appeal Fee £400.00
- Hearing Fee £500.00
- Copy Document Fee £ 5.00
How can our solicitors help?
Our solicitors can assist you in making the correct application depending on the circumstances of your case.
For more information or to start your process for an application to the Court of Protection contact us on 0161 798 9000.
