Need to know the differences between Joint Wills, Mutual Wills and Mirror Wills? In this article our Wills, Trusts + Probate team explain more…
Property and Affairs
The court can make decisions about a Protected Party’s property and financial affairs such as:
- The control and management of property.
- The sale of a property.
- Gifts including money and property.
- To decide the validity of Lasting Powers of Attorney.
- Statutory Wills: if a person has lost capacity and they do not have a Will then their estate would be distributed according to the Intestacy Rules. To avoid this an application can be made for a statutory Will at the Court of Protection which can reflect more accurately the person’s wishes.
- To appoint a deputy for the person who has lost capacity to look after their financial affairs where there is no enduring or lasting power of attorney in place.
- To remove deputies or attorney’s who are not acting in the Protected Party’s best interests.
- Objections to the Registration of Lasting Powers of Attorney made to the Court of Protection.
Examples of property and affairs cases
Acting for a daughter who has applied to the court to be appointed as a deputy for her mother’s financial affairs to enable the mother’s house to be sold to pay her care home fees.
Acting for the longstanding partner of a man who has lost capacity in a challenge made by the man’s son to whether the Lasting Powers of Attorney he made after he was diagnosed with dementia were valid appointing the partner as his attorney.
Acting as a professional deputy. Deputies are appointed to manage the property and affairs for people without capacity. Usually the deputy will be a close relative. In cases where there are no close relatives a partner of the firm can be asked to act as a deputy to manage the person’s affairs.
We advised a son who along with his brother has a lasting power of attorney over his their mother’s affairs. A substantial amount of mothers assets has been misused by one brother for his own ends and we are applying to the court for repayment of the funds and to remove him as attorney.
If you need help and advice about any Court of Protection matters you can speak to our solicitors in Bristol and South Gloucestershire.