Court of Protection

Should you or someone you love find yourself in the position of diminished mental capacity, the Court of Protection are here to help you. Governed by the Mental Capacity Act, this authorising body can work with you and your family to determine who is best placed to manage your affairs and decisions regarding personal and financial welfare when you are no longer able to do so yourself.

They can also become the deciding entity themselves should no suitable individual be available. Decisions regarding end of life care, life sustaining treatments, care home facilities and wealth and asset management are all areas that the Court of Protection will manage in your absolute best interests.  

The Court of Protection is there to do exactly that, protect. If you feel you or a relative are being deprived of their liberties for any reason, or you feel an appointed power of attorney is abusing their status then you can approach this organisation with a view to intervention before harm is caused.

At Pengelly & Rylands in Tenterden, our expert private client team of lawyers are fully versed in the processes and procedures required for engagement with the Court of Protection and will support and assist you through the entire journey.

Our solicitors can advise and guide you to:

  • 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 Tenterden, Maidstone, Gravesend and Chatham 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.

Get in touch

Call us on 01580 762248 if you need our help. Alternatively, please complete our Contact Us form and we will be in touch as soon as possible.

 

For further information please call to speak to one of our experts on 01580 762248