My parents’ Wills set up a trust for the family home to help with care fees planning. Will I have to pay second home stamp duty rates on the purchase of my own property as I am a beneficiary of a property under my parents Will? This is a question we...
Court of Protection
The Court of Protection makes decisions about the financial affairs and personal welfare on behalf of people lacking mental capacity to do so themselves.
In place of face-to-face meetings, we are very happy to arrange scheduled telephone or video meetings and are finding these work well. Email or call us so that we can discuss how best we can help you.
Need for specialist advice
The arrangements relating to Court of Protection are often, necessarily, complicated because of the need to protect the interests of someone unable to manage their own affairs. We have the expertise and experience to help you manage the affairs of another person under the Court of Protection regime or even to act as a ‘Deputy’ (more on this below).
Where someone has already appointed an attorney, there may be restrictions within the relevant Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) which mean the attorney must apply to Court for an order. This may arise if someone restricts their attorney from selling property and then subsequently need to move home or sell their house.
Acting as a Deputy
If someone has not made an EPA or LPA and all their finances need to be managed, someone must apply to Court to be appointed as Deputy. Anyone can apply but this will often be a family member or friend. In some cases, a solicitor may apply.
The Court rules set out procedures, the appropriate forms to complete and information to provide – often with strict time limits. It can be a complex process and we can help steer you through this and, if necessary, discuss whether a professional should be appointed as Deputy.
As Deputy you must keep records of decisions you make, income received and expenditure made to report to Court. You must also comply with the Mental Capacity Code of Practice. We can advise you on your role as a Deputy.
Our court of protection solicitors can arrange meetings at any of our local offices in York and across Yorkshire, so simply contact your nearest Harrowells office in York, St Saviourgate, Clifton Moor, Easingwold, Haxby, Pocklington, Malton, and Thirsk.