There are times when the Court of Protection will be needed to authorise an action that you wish to take as attorney or deputy, or where a dispute has escalated and the input of the Court is required. Examples of when this may happen include:
- Where it would be in the best interests of the person that lacks the capacity to make a new will
- A gift over and above £3,000 is proposed from their money
- There is a significant conflict of interests between an outcome that would suit the attorney or deputy, and the person that lacks capacity, for example where it is proposed that investments are changed with a view to saving inheritance tax
- The attorney or deputy is acting in a way that is of concern, and it may be appropriate for them to stop acting
- There is a dispute about where the person that lacks capacity should live
In these situations and many others, you may benefit from seeking legal advice about the best next steps, the likely outcomes, potential costs and how they will be met, how the incapable person will be represented in the proceedings, and alternative ways that the dispute can be settled, to avoid long and costly proceedings. We are here to help guide you through this process. Please do not hesitate to give us a call to see if we can help.
