Loss of capacity affects many elderly people, and our experienced team understands that situations like this can be extremely difficult, both for the incapacitated person and their loved ones. 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.
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 also 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.