If no Power of Attorney is found to be legally appointed, the Court of Protection can be approached to ask for decisions to be made regarding an individual if they lack the mental capacity to do so for themselves.
This can range from authority to proceed with or indeed withdraw from life sustaining care, allocation of assets or wealth if no will is found to be in existence, to who should be appointed as primary care giver.
The Court of Protection can also become involved if there are doubts that an appointed Power of Attorney is acting in the best interests of an individual. If you wish to approach the Court of Protection for assistance an application will have to be submitted. Should there be conflicting opinion on what may be the best outcome for the individual concerned, third party advice may be requested from, as an example, a medical professional or psychiatrist
Within our private client team at Stephens & Son solicitors in Chatham, we have several experts specially qualified to engage with the Court of Protection who will work with you to ensure that the needs of the individual involved are met to the highest degree where at all possible.
Our solicitors can help:
- determine whether an application to the Court of Protection is necessary;
- determine whether you have a close enough connection with your loved one to be able to make an application;
- complete the application form on your behalf;
- help gather any evidence needed to support your case;
- represent you at any court hearings; and
- ensure that the terms of any orders made are respected.
They can help you to apply:
- to be appointed as a deputy to manage your loved one’s affairs;
- to make decisions on your loved one’s behalf where there is disagreement about the best course of action, even where a lasting power of attorney exists;
- for permission to withhold or administer life sustaining treatment where no advanced decision has been made;
- for an order directing your loved one to be released from hospital or a care home where they are being held against their will;
- for permission to make decisions not covered by a lasting power of attorney or deputyship order;
- to make a statutory will on your loved one’s behalf where they are not in a position to make a will in the normal way; and
- to remove or replace an attorney or deputy who is not carrying out their duties properly or who is guilty of abusing their position of trust.
In appropriate cases, senior partners within our firm can also act as attorneys and deputies on your behalf if you would like them to.
Advising families throughout Kent and beyond
We have offices in Chatham, Maidstone, Gravesend and Tenterden where we can meet you to discuss your requirements.
We can also offer meetings at your home, in hospital or in a care facility, and in exceptional circumstances a telephone appointment can be arranged via skype.
An initial appointment to discuss your requirements can be arranged from £95 plus VAT. After that we can agree funding arrangements to suit your budget.
Get in touch
Call us on 01634 811444 for any business related advice you need. Alternatively complete our contact us form and we will be in touch as soon as possible.