On 1st October GL Law merged with national law firm Shakespeare Martineau as part of an exciting growth plan. To find out more read the full story here. If you have any urgent queries please reach out to your usual contact, email, or call 0117 906 9400.

Home > News > The Court of Protection and Applications

The Court of Protection and Applications

28 March 2018 | Heledd Wyn

The Court of Protection and Applications

Those who are appointed as an attorney or deputy for another may not realise the scope of their involvement, and can easily find themselves in more complex situations than they bargained for. Making decisions for yourself, both personally and professionally, is something that most of us are accustomed to – but it quite a different thing making those decision on behalf of another.

When you are helping a vulnerable person, for whatever reason, to manage their finances then you will occasionally need to make an application to the Court of Protection. This is not because you are not trusted, but to prevent abuse of the system, and the types of applications that you may end up making include:

Authorisation to Make Gifts

Just because you can access the finances of someone who does not have the capacity to make financial decisions, that does not mean you can start to give high value gifts to yourself or others. When a gift comes outside of a ‘customary’ occasion, such as Christmas or a birthday, and particularly when they are very lavish, the Court of Applications needs to consider and approve that gift. This applies even if money has already been promised to someone before the incapacity occurred, an attorney or deputy with nonetheless need to gain the Court’s approval before the gift is made.

Authorisation to Buy/Sell Property

When an individual loses capacity, they often move into more supported care and this can lead to the selling of their property – sometimes to family members. These transactions are not ‘at arms’ length’, and so the Court of Protection will need to review any planned sales or purchases to establish whether the transaction is in the best interests of the individual. This is particularly true if the attorney or deputy themselves would like to purchase the property.

Statutory Wills

Although the data that around 66% of the UK’s popular does not have a will is overused, the challenge of creating a will for a person who has lost their capacity will review an application for the Court. If the incapacitated individual dies without a will, this can leave complicated financial duties for the attorney, deputy, and family, especially if the person who has been appointed as an attorney or deputy benefits from the intestate estate.

Gratuitous Care Payments

When care is given on a regular basis for a vulnerable person, it is not unreasonable to expect payment for this work – but it is vital that no payments are made to the attorney or deputy if they are in this position until they receive approval from the Court of Protection. Making payments to themselves without this approval can be deemed as financial abuse, and will be dealt with in that light.

Here at Gregg Latchams, we can help with applications to the Court of Protection to ensure that the vulnerable individual is protected, and that you as an attorney or deputy are never on the wrong side of the law by accident. Get in touch with us now for a chat about your unique situation.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

  • What can we help you with?