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What is Court of Protection?

The Court of Protection is a specialist court that makes decisions on behalf of individuals who lack the mental capacity to do so themselves. Its main function is to ensure that decisions made are in the best interests of these individuals, covering aspects such as financial matters, property, health, and personal welfare. 

When someone cannot make specific decisions due to an illness, injury, or disability, the Court of Protection steps in to ensure their rights and welfare are protected. This court has the authority to appoint deputies to act on behalf of the individual, approve the use of Lasting Powers of Attorney (LPA), and handle any disputes or challenges that might arise in relation to these matters.

Broadbents Solicitors is highly experienced in navigating the complexities of the Court of Protection. Our team in Alfreton provides invaluable guidance and support, ensuring that the best possible outcomes are achieved in accordance with the law and the individual’s best interests. If you are in need of Court of Protection services in Alfreton,  Broadbents Solicitors is your trusted partner in navigating these sensitive matters.

Our Expertise:

Deputyship Applications

When no lasting power of attorney (LPA) exists and someone loses mental capacity, it may be necessary for a loved one or a professional to step in. Our dedicated team guides applications to the Court of Protection for deputy appointments.

Management of Property & Affairs

We offer expertise in handling assets, finances, and properties for individuals unable to decide for themselves, that their financial health is maintained.

Personal Welfare Applications

For situations where major decisions about health and welfare need to be made, we offer guidance in making applications related to personal care, medical treatment, or where someone should live.

Objections to Lasting Powers of Attorney (LPA)

If there are concerns about how an LPA has been created or how it's being used, we can help in raising objections with the Court of Protection, ensuring that the individual's best interests are prioritised.

Mediation and Dispute Resolution

Conflicts can arise when decisions about a loved one's care or finances are being made. Our experienced team offers mediation services, aiming to resolve disputes amicably and in the best interests of all parties involved.

Frequently Asked Questions: Court of Protection

When Might Someone Need The Court Of Protection?

If an individual becomes incapacitated and has not previously set up a Lasting Power of Attorney (LPA), their loved ones might need to apply to the Court of Protection to be granted the legal authority to make decisions on their behalf.

How Is It Determined If Someone Lacks Mental Capacity?

Mental capacity assessments are conducted by professionals, often medical experts or trained social workers, to determine whether a person can make a specific decision at a specific time.

What Is A Court Of Protection Deputy?

A deputy is a person appointed by the Court of Protection to make decisions for someone who lacks mental capacity. There are two types of deputies: Property and Financial Affairs Deputies and Personal Welfare Deputies.

How Do I Apply To Become A Deputy?

To become a deputy, you must fill out an application form and submit it to the Court of Protection along with the required fees. The court will then assess if the appointment of a deputy is necessary and if the proposed deputy is suitable.

What Is The Difference Between An LPA And Deputy?

A Lasting Power of Attorney (LPA) is a legal document where an individual appoints someone they trust to make decisions on their behalf should they lose mental capacity in the future. Deputyship, on the other hand, is a court-appointed role when there's no LPA in place and someone has already lost mental capacity.

Why Choose Broadbents Solicitors for Court of Protection Services?

Navigating the challenges of the Court of Protection requires a compassionate, knowledgeable, and meticulous approach. Broadbents Solicitors brings all these qualities to the table, combined with years of experience in Alfreton. Our commitment is to ensure that every individual, regardless of their mental capacity, is treated with dignity, respect, and that their best interests are always at the forefront. By choosing us, you’re not only opting for legal expertise but also a dedicated partner who understands the emotional intricacies involved in such cases.

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