Court of Protection

How can we help you with Court of Protection?

The Court of Protection offers a legal safety net for those who no longer have the mental capacity to manage on their own. This may be due to an illness such as dementia or Alzheimer’s disease, or it may be a result of a developmental condition or brain injury.

If someone close to you has become unable to make important decisions for themselves, it may be time to step in. We can support you in making an application to the Court of Protection.

Application for Deputy

If someone close to you is struggling to make decisions for themselves due to advancing age, illness or an accident, you may need to consider stepping in on their behalf. The Court of Protection may be able to grant you the legal right to do this.

Who has the right to be appointed as deputy will depend on the individual circumstances of each case. Usually a close family member will fulfil this role, but friends or even professionals such as solicitors can also act in this capacity. It may be appropriate for a solicitor to act as a deputy in cases where the individual has no immediate family, or where there is a disagreement about who should take on the role.

You will need to consider whether you want to:

● Apply to act as a deputy.
● Ask Roche Legal to act as a deputy.
● Apply for permission to make a specific decision.
● Submit a rival application to become a deputy.

If you are concerned about an individual close to you and whether they are still able to manage their affairs independently, please get in touch. We will be able to answer your questions about becoming a deputy, explain the workings of the Court of Protection and support you in making an application.

I want to:

Have a question?
Call us on 01904 866139

Statutory Wills

A Will is a very important legal document. Unfortunately, not everyone makes one in time. In order to make a Will, an individual needs to be of sound mind. If someone is no longer fully aware of the importance of the document, then they may not be able to write one. In cases such as these, it’s possible to apply to the Court of Protection to request that a Statutory Will is made on that person’s behalf.

As part of the application process, you’ll need to provide a proposed version of the Statutory Will. This should be put together with the person’s best interests in mind.

You’ll need to consider:

● What you think the person would’ve chosen to do if they were able to make a Will themselves.
● What their beliefs and personal values are, and how these might have affected their wishes.
● The kind of decisions the person has made for themselves in the past.

It is also possible to apply to the Court of Protection to change someone’s Will when they are no longer able to change it themselves. This is useful in cases where circumstances have changed since the original Will was made and you believe they would want to reflect this in their Will.

If you think you may have a case for changing the Will of someone close to you, we will be able to advise you on how best to proceed.

I want to:

Have a question?
Call us on 01904 866139

Dealing with legal issues can be confusing and stressful. If you’re not sure exactly how we can help you, or if you want to get specialist advice right away, please don’t hesitate to pick up the phone and get in touch.

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