Court of Protection
If a person has already lost capacity to make a power of attorney, we can advise and assist on applications to the Court of Protection, including gift applications and deputyship applications to protect the assets of incapable persons.
Whilst we advise many clients in the preparation and registration of powers of attorney, these can only be made if someone has the ability to understand this process and can still make decisions for themselves. If clients can no longer make decisions for themselves, we can prepare applications to the Court of Protection asking for loved ones / friends to be appointed to manage their financial affairs.
Applications can also be made when looking at the tax planning for your loved ones and we frequently ask the Court to authorise the making of gifts, so as to include the use of the £3000 annual exemption, gifts out of surplus income and larger gifts.
We also ask the Court to make a ‘statutory will’ on behalf of clients who no longer have the capacity to make their will.
We are happy to discuss any questions you may have regarding potential applications.