Powers of Attorney solicitors dealing with Court of Protection Deputyship, Statutory Wills in Dorset
If an individual becomes mentally incapable of managing their own affairs and has not previously chosen someone to manage them on their behalf via a Power of Attorney, an application must be made to the Court of Protection to appoint a representative (called a Deputy) to act on that person’s behalf.
Usually, the application is to enable the Deputy to take over the individual’s financial affairs but, occasionally, the application concerns health and/or welfare decisions.
Our court of protection solicitors can assist with the application and help ensure it is promptly processed to enable you to take over the management of the individual's affairs with the minimum of delay.
It is sometimes the case that the individual who has lost mental capacity has not made a Will. There are statutory rules that set out what is to happen to the individual’s Estate on their death but these rules may not be what the individual would want or what the circumstances require.
In these circumstances, an application can be made to the Court of Protection for what is called a Statutory Will to be made for the individual. Such applications are complex and we can assist with such applications.
Personal Injury Trusts
If the loss of capacity was caused by personal injury and the individual has been awarded damages for a personal injury then, in the normal course of events, the damages would have to be paid into the Court of Protection and an application made for the appointment of a Deputy to manage those funds.
However, it is possible to apply to the Court of Protection for permission to set up a Personal Injury Trust (PIT) to hold the damages awarded. This will allow the funds to be managed locally and the Trustees be able to respond more quickly to changing circumstances.
We, at Coles Miller Solicitors LLP, have dealt with the creation of numerous PITs for clients who have been awarded damages for Personal Injury and can advise on all aspects of PITs.
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