Specialist advice on making important decisions for others
Under law, no one has the automatic right to deal with someone else’s decisions or choices, regardless of whether they are married, in a civil partnership or are related to them. In the circumstances where the individual involved does not have the capacity themselves to make the decisions needed, only someone who has been legally appointed can handle these things on their behalf.
If there is not someone who has already been granted Power of Attorney to make decisions on behalf of the individual.
- For property and financial matters there may need to be an application made to the Court of Protection. This is needed so that someone can be appointed as a deputy (i.e. with the power to make decisions) so that the affairs of the individual can be managed in their best interests.
- For health the treating doctors would make decisions
- For welfare it would be adult services and a social worker would be appointed
How Moore Barlow can help with Court of Protection
We have dedicated Court of Protection teams who offer truly specialist support with every aspect of decision making, working together to ensure that the necessary authority has been given to appropriate people when required, such as deputyships or Powers of Attorney.
FAQs on Court of Protection
Our Court of Protection lawyers have answered some of your most common questions. If you can’t find the information that you’re looking for, please don’t hesitate to get in touch.
What is Court of Protection?
The Court of Protection is a court which deals with cases, actions and decisions taken about individuals under the Mental Capacity Act. An application might be made to the Court of Protection if a decision needs to be made for someone who is deemed unable to decide themselves.
Court of Protection applications can be made when decisions are needed in specific areas of someone’s life if they don’t have the mental capacity to make these decisions themself. These areas are:
- Financial affairs
The Court can decide on one or more of these areas and must always act in the best interests of the individual involved.
Our specialist Court of Protection lawyers can provide expert advice and support on applying to the Court of Protection or any other legal matters relating to mental incapacity.
What is power of attorney?
A lasting power of attorney is a legal document that enables an individual to nominate one or more trusted people to make important decisions on their behalf if they become unable to do so themselves due to mental incapacity.
To set up a lasting power of attorney (LPA), the individual must be at least 18 years old and be deemed to have the mental capacity to decide to set up the LPA at the time it is done.
The types of decisions covered by a lasting power of attorney include things such as their health and their care or welfare. There can also be an LPA for making financial decisions, or those related to the individual’s property.
Our power of attorney solicitors in Southampton, London and elsewhere in the UK can help with LPA applications and answer any questions you might have about the process or the powers that the document gives the nominated individual(s).