Project Description

Legal Case Study

Preparing a Will for a Client Who’s Been Hospitalised

The problem

Our client had been hospitalised due to a serious health concern and was worried they didn’t have their Will in order.

The Process

We helped the client apply for a deputy order which would give him the legal right to make financial decisions on his father’s behalf.

The Result

The Court of Protection authorised our client to become his father’s deputy.

How this helped

Our client had recently made the difficult decision to move his father into a care home. His father was suffering from dementia and no longer had the mental capacity to be able to care for himself. This also meant he was no longer able to reliably make decisions relating to his finances.

Our client was unsure of how he would be able to legally support his father in making these decisions: he was aware that his father no longer had the mental capacity to be able to make a Lasting Power of Attorney (LPA).

We were able to work with our client to make an application to obtain a Deputy Order. This order is granted by the Court of Protection in cases where the individual in question no longer has the mental capacity to make decisions when they need to be made – though they may still be able to demonstrate mental capacity at certain times.

We managed the entire application process and were able to quickly report back to our client that his Deputy Order had been granted. He received a Court Order which clearly set out his legal rights relating to decisions about his father’s finances and affairs.

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