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Applications to the Court of Protection

If you are concerned about someone who lacks capacity an application can be made to the Court of Protection to safeguard their interests, This application can be by an appointed Attorney under a lasting power or a family member or other interested party. We can advise and assist you if needed.

There are a large number of situations surrounding such a circumstance where may need assistance and advice such as:

Applications for permission to make a gift – Attorneys and Deputies have limited powers to make gifts on behalf of someone who lacks capacity but only on certain occasions such as birthdays, weddings, civil partnerships and the like. The size of gift is also limited to be in proportion to the size of estate. It is possible to make larger gifts for other reasons by way of an application to the court of Protection. The court will consider the circumstances and if it is considered appropriate will grant consent. Should an Attorney or Deputy act without the Courts consent, the gift may be overruled and the Attorney removed from acting further.

Applications for Permission to deal with Property. In general Attorneys will have this authority but not always and in certain circumstances authority must be obtained from the court of protection. This would occur in circumstances where a property is sold at an under value or a sale to a family member.

View the Wills Trusts and Probate team profiles

John Scott

Les Murray

Hindle Campbell Solicitors

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