The Court of Protection and the Office of the Public Guardian

Guardian Wills is an independent legal practice with over 31 years of experience, specialising in fixed price office or home visit will writing services. We can help with lasting powers of attorney, the administration of estates, lifetime trusts, pre-paid funeral plans and related activities. We cover Dudley, Wolverhampton, Sandwell, Walsall, Worcester, Shropshire, Birmingham and the surrounding areas.

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What is the Court of Protection?

The Court of Protection supervises and makes orders for the management of property and finances of people who are no longer able to look after their own affairs. An application to the court would be needed where a person:

  • Is mentally incapable of managing their own financial affairs
  • Has not made a property and affairs lasting power of attorney, and is now mentally incapable of doing so
  • Has assets that need to be used for his or her benefit or administered in some way (e.g. selling a property)

When would a deputy be appointed?

When the court has considered an application, it may appoint an individual (a deputy) to manage and administer a person’s affairs whilst they are unable to do so themselves. The Court of Protection will usually appoint a deputy when a person has:

  • More than £10,000 in cash, after payments of debts; or
  • A property which must be sold; or
  • A level of income which the court considers necessitates the appointment

 

Guardian Wills Ltd in Wolverhampton can assist in making applications to the court of protection and can also assist in obtaining appropriate orders from the court to deal with assets on behalf of a person who is mentally incapacitated.

Office of the Public Guardian

Where an enduring power of attorney has been made prior to the donor becoming mentally or physically incapacitated and the attorney considers the donor is no longer able to manage their own affairs, they have a legal duty to register the enduring power of attorney at the Office of the Public Guardian.

Lasting powers of attorney also need to be registered at the Office of the Public Guardian before they can be used by the attorneys who will act on behalf of the donor.

Guardian Wills can assist in preparing the application to register an enduring or lasting power of attorney at the Office of the Public Guardian, including advising on the notification procedures and obtaining medical evidence to support the application if required.

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