Court of Protection & Deputyship
We do everything we can to make Court of Protection & Deputyship applications simple and stress free for you, so you can concentrate on what matters most.
We understand the sensitivity and pressure that often surrounds the circumstances of calling for Deputyship. We guide clients through the process of applying for deputyship. We also advise on other Court of Protection applications, including obtaining permission for attorneys to make gifts, dealing with property sales and making statutory Will applications.
Support to step in when someone can no longer make decisions for themselves
If you are looking after someone who has lost the capacity to make decisions about their own care and treatment, but has not made a Power of Attorney, then you will need to consider applying to the Court of Protection to be appointed as a Deputy under the Mental Capacity Act.
A Deputy would be a family member, a close family friend, another loved one or a professional, such as a Solicitor. Once approved, the Deputy is able to access the person’s finances in order to pay bills and invest for future financial stability. We also support parents and carers in making plans to support children with Autistic Spectrum Disorder, special educational needs or disabilities.
Advice for Attorneys
Attorneys are held to a high standard of conduct and can run the risk of disputes with or investigation by the Court of Protection. Our specialists provide the tailored support you need as you discharge your duties.
Acting as an attorney for a friend, relative or client can be a challenging task. Without proper advice, making the correct decisions can be very difficult. The smallest mistake can have lasting legal and welfare consequences, meaning it is best to seek professional advice for attorneys from specialist Private Client Solicitors you can trust.
As an attorney, what are your roles and responsibilities?
The specific powers of the attorney are usually set out in the power of attorney appointment form. The attorney will have the responsibility for Property and Financial Affairs or Health and Welfare.
Examples of financial or property responsibilities of an attorney can include:
- paying bills on behalf of the individual
- ensuring correct insurance is kept up to date
- paying the mortgage
- selling the individual’s home
- arranging repairs to the property
- looking after money coming in including pensions
- maintaining the property on behalf of the individual
- potential sale of property the individual may own
- maintenance of banking functions
- deciding where the individual lives
- medical care and consenting to medical treatment
- daily routine tasks such as overseeing diet and dressing
- deciding who the individual should have contact with
- monitoring the activities the individual does
We provide expert advice and professional support
We have extensive experience in advising attorneys on their powers and duties. You may be concerned about financial decisions or medical treatments, or you may have faced opposition or hostility from co-attorneys or family members.
We provide advice that is both practical and sensitive to help you to avoid any disputes or investigation by the Court of Protection.
Advice is important for all attorneys whether or not they are working in a professional capacity. If you are an attorney, ensure you have specialist advice and support from our experienced Solicitors.
In almost all cases, the cost of the advice should be paid for from the donor’s estate.
Our team are here to support you every step of the way
Meet our expert team
Our clients value our technical excellence, in-depth knowledge and yet friendly and down-to-earth approach. We have a strong team ethos and value the contribution of every member of our staff to the client service we strive to deliver.
Alison Craggs
Partner
Joanna Ensor
Partner
Anna Burnside
Senior Partner
Sabrina Underwood
Senior Associate
Anna Boucher
Senior Associate
Case Study | August 2024
We created flexible Wills to cater for vulnerable beneficiaries
We advised the clients to make flexible Wills which would allow their executors some discretion and consideration of any family and financial circumstances at their date of death. In this way, the potential future needs of any vulnerable children or future grandchildren could be taken into account. It would allow their executors to hold funds on behalf of one of the beneficiaries either to be managed on their behalf or distributed at a suitable time.
Source | 2024
“We want The Burnside Partnership to advise us on making sure our Wills are tax efficient. We want to settle things so that both our children will benefit, and so that matters will run smoothly in the event of one of us dying before the other. One of us is also expecting an inheritance from another estate, and so we need advice on the Inheritance Tax implications.”