If a person loses capacity without putting in place a valid power of attorney, an application must be made to the Court of Protection to ask for an Order confirming who should make decisions for the incapacitated person. The Court has discretion regarding who should be appointed to make decisions, so it is important that any application has been correctly prepared to give the Court the relevant information and maximise the chances of a favourable Order being made. We can advise on applications to the Court of Protection, prepare the paperwork required for applications and also give guidance on the duties of persons appointed to make decisions for others.
In some situations, there might be disagreement about who should be appointed by the Court or about the way in which any person who has already been appointed is making decisions. We can advise on resolving any such dispute and can also provide legal support in making applications to Court for appropriate Orders. Our expertise in both straightforward applications to the Court of Protection and in disputes in this area, means we are able to foresee potential difficulties to help prevent them arising as well as preparing all the papers required for any application to the Court.
