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Head of Will, Trust & Inheritance Disputes and Associate Solicitor
The Court of Protection exists to make decisions for and on behalf of adults who sadly lack the mental capacity to make their own decisions. The Court can deal with a wide range of issues, whether affecting a person’s property and financial affairs or their health and welfare needs.
The Court of Protection applies the Mental Capacity Act 2005 in order to make decisions in a person’s “best interests”.
These are just a few examples of the sort of circumstances in which the Court of Protection may be asked to make a decision:-
Application may be made to the Court of Protection by a family member or anyone else concerned about a person’s best interests. The Office of the Public Guardian supervises attorneys and may bring their own claim if an attorney is not acting appropriately. The Local Authority may also become involved where issues of care are concerned.
Our specialist lawyers can assist with applications in the Court of Protection and in appropriate circumstances the Partners of Bell & Buxton can also act as Deputy for property and financial affairs.
See also our Deputyship page and Financial Abuse page for related information
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