If someone you know has lost mental capacity our Court of Protection team can offer expert advice as well as practical support and guidance to help you manage their affairs.
Safeguard your loved ones
Are you concerned about a family member, loved one or friend? Are they forgetful? Do they wander off or no longer take care of their appearance? Loss of mental capacity – the ability to make your own decisions - affects people of all ages. Causes can include Alzheimer’s, dementia, a stroke, brain injuries (including babies and children), post traumatic stress disorders and even severe learning disabilities.
Our Court of Protection team’s services include:
- Applications to the Court of Protection for deputyship for Property and Financial affairs as well as deputyship for Health & Welfare
- Professional deputyship in which Girlings directly manages the individual’s affairs
- Support and guidance for non-professional deputies to ensure they comply with the obligations imposed by the Court of Protection
- Assistance with mental capacity assessments
We also provide advice on:
- Statutory Wills and trusts
- Personal injury trusts
What is the Court of Protection?
The Court of Protection is there to look after individuals who lack mental capacity to make decisions for themselves, regardless of their age. The Court can give these supervisory powers to someone else if there is a need for decisions to be made on an ongoing basis. Those given these responsibilities by the Court of Protection are called deputies. Deputies are scrutinised by the Office of the Public Guardian (OPG) annually and they must abide by the principles of the Mental Capacity Act 2005.
If someone has not made a Lasting Power of Attorney - a document setting out your wishes in the event that you lose mental capacity (please ask us for details) – and they lose capacity, then an application will usually be made to the Court of Protection requesting that a deputy is appointed. The Court will then appoint a deputy to take care of that person’s finances or health and welfare.
Our deputyship service
We offer a professional deputyship service in which Girlings is appointed as deputy by the Court of Protection. Our dedicated team can also provide expert support for non-professional deputies. We can provide guidance on how to discharge your responsibilities in accordance with the obligations imposed by the Court of Protection. We focus on the emotional and practical support we provide to the individual, their family and their loved ones. Wherever possible when acting as a professional deputy or when giving advice to a non–professional deputy, our aim is to empower the incapacitated individual to be an active participant in the decision making process.
We understand it may come as a shock to the family and friends of the individual to discover that the law does not give them special decision making powers and they need to apply to the Court of Protection. Applying for a deputyship order is a daunting prospect as the process can be complex and lengthy. Our specialist team is here to help you at this difficult time and our initial consultation is an opportunity for you to talk through your options and ask questions about each stage of the process.