Court of Protection

If a person lacks the ability to manage their affairs and has not made a Lasting (or Enduring) Power of Attorney, an application can be made to the Court of Protection for the appointment of a Deputy.

The Deputy is granted the power to take over that individual’s financial and property affairs.  The Deputy is usually someone related or closely connected to the  person but a professional Deputy such as a solicitor can be appointed instead.  Applications can also be made to the Court of Protection for a statutory Will to be written on behalf of the individual or for permission for gifts to be made out of their estate.

In certain circumstances it is necessary to obtain an Order of the Court for Trustees to be appointed in order to deal with the sale of a jointly owned property.