Court of Protection

The Court of Protection exists to ensure that where decisions need to be made on behalf of a person who lacks the mental capacity to make them for themselves those decisions are made in their best interests by people with appropriate authority.  

The Court of Protection can be asked to decide a lot of different things, from who should be responsible for managing a person’s affairs if they have not made a lasting power of attorney to whether they ought to receive life sustaining treatment or be detained in hospital or a care home against their wishes. 

To ask the Court of Protection for help you will need to make an application.  Where there is disagreement about what may be in a person’s best interests it may also be necessary for expert evidence to be obtained, for example from a medical specialist.

At Hatten Wyatt Solicitors in Kent our team of wills, trusts and probate lawyers are on hand to guide you through the process of making an application to the Court of Protection and to ensure the best interests of your loved one are protected throughout.

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 Maidstone, Gravesend, Chatham 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. 

Funding

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. For some cases involving the Court of Protection legal aid may be available. 

Get in touch

If you need assistance to make an application to the Court of Protection, please get in touch to see how we can help. You can call us on 01474 351199 or use our contact form and we will call you.

 

For further information please call to speak to one of our experts on 01474 351199