Court of Protection

Court of Protection applications – Lack of Mental Capacity or Safeguarding Issues

Sometimes a person is unable to manage their affairs due to mental incapacity.

It may be necessary to apply to the Court of Protection to appoint a Deputy, especially when the person needing care (known as the “Patient”), has property that needs managing and decisions need to be taken about their health and welfare.  An application will need to be made by suitable person to act in the decision making process under the supervision of the Court of Protection. This is often a complex and time consuming process, where the Court of Protection will make the decisions about best interests.

If the person doesn’t have anyone to act for them, ME Law has extensive experience of being appointed as the Professional Deputy to manage the affairs and decision by the Court.

Why a court of protection application is required?

A Patient cannot make a will, but a Court can approve a will made for the Patient.  A Deputy must act in the best interests of the Patient and adhere to the guidelines laid down in the Mental Capacity Act 2005.

The Court of Protection, makes decision where a person is unable to do these themselves, this can involve the revocation of a Lasting Power of Attorney, where there has been financial abuse or decisions about where someone lives.

Important Announcement for changes to Probate Application Fees – APRIL 2019

The Government have approved the increase of the application fees for Probate from April 2019. The new legislation will raise the estate value threshold from £5,000 to £50,000 which will exclude around 25,000 estates from probate fees altogether

Turning probate fees into a stealth tax looks like profiteering on the bereaved

Recent news that the Ministry of Justice is set to increase probate fees by as much as 9,200% in May 2017 has provoked reactions ranging from consternation to outrage. Once implemented, the change will see executors of an estate worth £600,000 being charged £4,000 for a grant of probate. Compare this to the flat fee …
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