Services for Individuals
Court of Protection
The Mental Capacity Act 2005 created the Office of the Public Guardian, which acts as the administrative arm of the Court of Protection.
The role of the Court of Protection is to make decisions in relation to the property and affairs and healthcare and welfare of adults (and children in limited circumstances) who lack the mental capacity to handling their own affairs.
Unless an individual has already granted an Enduring Power of Attorney or Lasting Power of Attorney, which appoints named attorneys to look after their affairs, it will be necessary to apply to the Court of Protection for an appropriate order or for the appointment of a Deputy should they loose the mental capacity to deal with their own affairs. Taylor Walton has considerable experience in dealing with these issues and can prepare the relevant applications and advise on the related issues.
Our experience includes:
- Obtaining the approval of the Court of Protection to rearrange the financial affairs of a patient not only to provide her with financial comfort for the rest of her life but also to reduce substantially the exposure of her Estate to inheritance tax, by the establishment of trusts to which substantial lifetime gifts were made.
- Registering EPAs
- Applying to the Court of Protection for orders and the appointment of Deputys
- Acting for Deputys and Attorneys and advising them on the ongoing responsibilities
