Court of Protection Solicitors

An illness, a brain injury, old age – these are all reasons why someone close to you may need extra support. However, you may be prevented from fulfilling this role if you do not have the right authority.

For example, you usually cannot help someone with their finances, such as accessing their bank accounts, unless they have a valid Power of Attorney in place. Once a person has lost their mental capacity, they cannot make a Power of Attorney or otherwise authorise you to make their decisions. So, what do you do?

The Court of Protection exists to protect people who have lost their mental capacity and the people who care for them.

Our friendly and approachable team includes solicitors who specialise in Court of Protection applications and matters relating to mental capacity and supporting people who lack mental capacity.

How we can help you with Court of Protection matters

Our Court of Protection solicitors can help you if:

• You are worried about whether someone you know has lost the mental capacity to make their own decisions (for example, because they have been diagnosed with an illness such as Alzheimer’s disease or they are becoming increasingly confused as they grow older).

• You need advice about getting authorisation to manage someone’s financial affairs and/or make decisions about their care and welfare.

• You are worried about the way someone else is managing your loved one’s affairs.

• You are worried that someone you know does not have the capacity to make a Will or is at risk of being influenced into making or changing their Will.

• You need guidance in helping someone else make decisions or making decisions on behalf of someone else.

• You are in a dispute over someone’s mental capacity to make their own decisions.

• You are worried about the decisions being made by someone’s care home, hospital or other social care organisation.

• You need someone to look after the affairs of someone you know, such as managing their finances and paying care home fees.

• Any other matter related to the care and welfare of elderly and vulnerable people.

Why choose Stephen Rimmer for Court of Protection advice?

Our Private Client team is headed by Andrew Morgan a highly experienced solicitor and partner in the firm. Andrew has exceptional expertise in a wide range of matters related to Wills, estates, lifetime planning and probate, including for high value estates, foreign assets, business assets and large families.

Andrew is supported by a very able team who are members of the Society of Trust and Estate Practitioners (STEP). STEP is the leading global association for solicitors specialising in inheritance, trusts and estates, with membership requiring rigorous training and examination.

We understand that Court of Protection matters are often very close to the hearts of our clients. We always go the extra mile, putting the welfare of the person who needs support first at all times, and aiming to achieve the best possible outcome for everyone involved. 

Book a free 30-minute consultation with our Court of Protection solicitors in Eastbourne and Hastings

We offer a free, no obligation 30-minute chat with one of our specialist Court of Protection solicitors to all new clients.

To arrange your initial consultation, you can:

• Call: 01323 434414
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 28 – 30 Hyde Gardens Eastbourne East Sussex BN21 4PX

Our Court of Protection services

Mental capacity advice

Realising that a family member or friend may not have the mental capacity to make certain decisions is often a gradual process and one that is difficult to navigate.

Mental capacity can change depending on many factors, from the time of day to the type of decision at hand. For example, someone may be able to decide what to have for breakfast but cannot decide whether to sell their home.

Autonomy is a human right, so wherever possible, people should be able to make their own decisions. However, we appreciate it can be stressful to decide when to step in.

If you are concerned about someone’s ability to make their own decisions, we can provide advice about assessing mental capacity and helping them make decisions.

We can also provide tailored advice about your options so you can make the best decisions for your loved one.

Court of Protection Deputyship

We can help you apply to the Court of Protection to become a Deputy – a person authorised to make financial and/or welfare decisions on behalf of someone who lacks mental capacity.

There are two types of Deputyship we can help with:

• Property and Financial Affairs Deputy – to do things like pay someone’s bills and organise their pension.
• Personal Welfare Deputy – to do things like make decisions about someone’s care and medical treatment.

One-off decisions

The Court of Protection can make one-off decisions on behalf of a person who lacks mental capacity where there has been a disagreement about a serious decision that cannot be sorted out any other way. For example, where you want to stop someone visiting your loved one at their care home or you are a Deputy of Attorney but the decision you need to make falls outside your power.

We can help you make one-off applications, guiding you through the entire process and making the experience as smooth and stress-free as possible.

Statutory Wills

When a person cannot make their own decisions, they may be unable to make or change a Will. To be able to make a Will, you need to be able to understand certain things, such as what making a Will actually means, how much money you have and the effect of the Will on everyone in your life.

Failing to make a Will means that someone’s money cannot be passed on according to their wishes after they die. It also means the person’s estate may end up paying a lot of Inheritance Tax.

So, the Court of Protection has the power to make or change a person’s Will for them. We can help with these applications, including resolving any disputes that arise.

Urgent and emergency applications

The Court of Protection can make urgent and emergency decisions in certain circumstances. For example, if your loved one needs emergency medical treatment and cannot consent or refuse or where you urgently need to pay someone’s care home fees.

We are here to leap into action when you need us and help you make an urgent or emergency application.

Selling jointly owned property

When you sell property, all the owners need to provide their consent. However, when someone lacks mental capacity to consent to the sale, difficulties can arise. Even if you are a Deputy or Attorney, you may not be able to consent for the owner.

We can help you apply to the Court of Protection to appoint someone to consent to the sale on the incapacitated owner’s behalf.

Speak to our Court of Protection solicitors in Eastbourne and Hastings

We offer a free, no obligation 30-minute chat with one of our specialist Court of Protection solicitors to all new clients.

To arrange your initial consultation, you can:

• Call: 01323 434414
• Email: enquiries@stephenrimmer.com
• Or pay us a visit at 28 – 30 Hyde Gardens Eastbourne East Sussex BN21 4PX