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Court of Protection

Henry Hyams have a dedicated team of specialists who are able to advise you on all aspects of the law surrounding mental capacity.

Planning for your future

You may have planned for the future of your family by having a Will prepared. Have you considered what would happen to the family if you were to suffer from a loss of mental capacity? A person can lose mental capacity for numerous reasons such as involvement in an accident, brain injury or dementia. Losing mental capacity has an impact upon every aspect of your life.

We can help you plan for this. We can draft a Lasting Powers of Attorney document for both financial and personal welfare. A Power of Attorney is a document you prepare while you still have mental capacity. It comes into effect once you lose your capacity. It appoints a person you trust to make decisions about where you should be cared for, the care you receive and your finances.

We can also advise you about drafting an Advanced Decision document to refuse certain medical treatment.

Dealing with Incapacity

If a loved one has already lost their mental competency then it is not possible to obtain a Lasting Power of Attorney. You have to make a formal application to the Court of Protection to become their “deputy”. This allows you to make decisions for the other party relating to their financial affairs and health. You will need to provide detailed medical evidence to the Court of Protection before your application will be granted. 

If you are considering either a Lasting Power of Attorney or applying to become a deputy, we will offer an honest, friendly discussion to enable you to reach a final decision. We can then assist you by drafting the document or application for you and liaising with the appropriate authority on your behalf.

Decisions will need to be made about individuals who do not have capacity and who have not planned for their future. These can be important decisions about where they are living and the care they are receiving. When people involved in their care disagree, this inevitably will have to be dealt with in the Court of Protection. This is a very specialist area of law. We are regularly instructed by the Official Solicitor to act on behalf of the incapacitated person as well as acting for family members involved. We have a dedicated team of barristers we regularly instruct on complex matters.

Should you have a matter that is proceeding to the Court of Protection contact our team.

Contact:
cop@henryhyams.com

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