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WILLS AND PROBATE: Court of Protection

Most people are aware that if they make a power of attorney in the appropriate prescribed form, this will enable decisions to be made on their behalf in the event that they lose the mental capacity that is required to make those decisions. Unfortunately, however, it happens that no such power of attorney is in place when it is needed and, in those cases it will be necessary to obtain authority to make those decisions from the Court of Protection. Due to the plethora of primary and secondary legislation, not to mention procedural rules and regulations, codes of practice and forms, you could save yourself considerable time and trouble, not to mention expense, in seeking quality advice from experienced members of the department.

There may be a number of separate issues to consider before making an application such as, for example, whether authority is required to sell property, whether there is a trust (and, in most cases, a property which is jointly owned will involve a trust) whether a new trustee has to be appointed and so on. We can assist you with regard to these issues and in the making of the application to the Court of Protection.

Similarly, if authority is required to make a Will on behalf of a person who has lost testamentary capacity or, perhaps, to authorise the making of a Settlement as part of a tax planning exercise, we can assist you in the framing of the application. Alternatively, there may be a question as to the validity or construction and effect of a power of attorney that needs to be adjudicated; again we can assist in acting for you on the application which needs to be made to the Court of Protection.