If someone close to you becomes incapacitated, we can help in the following ways:
In the event that someone close to you has lost the mental capacity to make decisions for themselves our team can help you to prepare an application to the Court of Protection to be appointed as a deputy. Our experienced team understands that situations like this can be extremely emotional, and it can be difficult to deal with important decisions regarding who should take responsibility for the incapacitated person's affairs. For this reason we focus on providing straightforward, practical advice that will help you to understand how the law works in relation to people with diminished mental capacity, and what the responsibilities of a Court of Protection appointed deputy are.
In cases where an incapacitated person does not have a will, we may be able to help you to make one on their behalf. This is called a 'Statutory Will' and is used to make the provisions an incapacitated person would have made if they had been capable of doing so. It can be a useful way of reducing the incapacitated person's liability for inheritance tax on their behalf. Making a Statutory Will requires the authorisation of the Court of Protection and must comply with all of the Court's requirements. Our team can help you through making an application to the Court and with the drawing up of the Statutory Will if the Court gives its authorisation.
In cases where someone has not yet lost the mental capacity to make decisions for themselves, but where it appears likely they will lose capacity in the future, due to illness or old age for example, we can work with them to set up a Lasting Power of Attorney (LPA) in relation to both their financial affairs and personal welfare. We can also help them to draw up a legally binding will or create a trust to hold and manage their financial assets. We understand how upsetting situations like this can be both for the individual concerned and their loved ones. Our aim is to provide a wide range of services to offer much needed peace of mind to someone facing the loss of mental capacity.