Court of Protection – Solicitors In Gosforth Serving Newcastle upon Tyne, The North East & Nationally
It can be a very difficult time if a loved one has started to lose or has lost the capacity to make decisions for themselves or to manage their own affairs.
If they have not previously created an Enduring or Lasting Power of Attorney appointing you to act on their behalf and would not now be able to make one, you will need to apply to the Court of Protection for authorisation act on their behalf.
At Birch & Co we have Specialist Solicitors who understand how difficult talking about such matters can be. As a result you can be sure we will deal with you in a sensitive and friendly manner, all the while ensuring a professional and efficient service is given.
We are based in Gosforth with parking facilities as well as easy access to the Metro at Regent Centre and a bus stop outside the office although can act for family members located anywhere around the UK. We strongly recommend that you contact us before you start the estate administration so that we can help guide you further.
We can save you a lot of money and stress.
We have a 5 star rating on Google for the quality of our service and 99% of our clients are completely satisfied and would recommend Birch & Co to others. Please read some of our current clients’ Testimonials below of what they think of us. We hope that you feel the same way once we have looked after you.
“I rang a few solicitors but after talking to Rebecca I knew straight away Birch & Co were the solicitors for me. Completely satisfied. Rebecca helped and informed me all the way”
People authorised by the Court are called a Deputy (historically they were called a Receiver)
It is similar to being an Attorney [link to LPAs] in that you can be appointed as:
- a property & financial affairs deputy
which gives you the ability to manage finances, including making decisions about and operating
bank accounts, investments and any property
AND / OR
- a personal welfare deputy
which gives you the power to make decisions about health and care for example, where to live, what medical treatment to receive
and you will be bound to always act in the incapacitated person’s best interests
However, given the appointment is made by the court rather than the incapacitated person while they were able to make the decision, the court rightly wants to ensure that a Deputy is indeed required and that the applicant is suitable.
Consequently, the application process can be lengthy and complex, with numerous forms to be completed and strict timeframes to work within. Fortunately though, it is not usually necessary for any personal appearance at the court.
You will need to:
- obtain a medical report
- provide full details of all the incapacitated person’s assets, liabilities and income
- sign a declaration containing certain undertakings (promises)
- serve notice on specified people, both once the application has been issued by the court AND if any order is subsequently made.
One of the people that notice needs to be given to is the incapacitated person. While the other people to be notified can be sent their notices in the post, the incapacitated person must be notified in person of what is happening
- arrange for a security bond to be put in place
this is a type of insurance that protects the finances of the incapacitated person
- once appointed, complete an annual report and provide the same to the COP
It is vital that these applications are fully and accurately completed before submission to ensure the process completes as smoothly as possible.
It usually takes between 8 and 10 weeks when all is in order and so you will want to ensure this is not delayed any further by failing to do all that is necessary at the right time.