Parent Has Lost Capacity Without an LPA?
It is a deeply distressing time. If your parent can no longer manage their affairs and did not make a Lasting Power of Attorney (LPA), you must apply to the Court of Protection. Our compassionate solicitors can guide you through the process of becoming a Deputy.
Parent Has Lost Capacity & There's No LPA?
Discovering your parent can no longer manage their own affairs is a deeply distressing experience. Without a Lasting Power of Attorney (LPA), you have no legal authority to manage their finances, pay their bills, or make decisions about their care.
The legal solution is to apply to the Court of Protection to be appointed as their 'Deputy'. Our compassionate solicitors specialise in guiding families through this process.
Get Help With Your ApplicationOur 3-Step Court of Protection Application Service
The application is complex and requires detailed information. Our solicitors manage the entire process for you to avoid errors and delays.
Prepare the Application
We complete all necessary court forms, including a detailed assessment of your parent's finances and a witness statement supporting your application.
Notify Relevant Parties
We formally notify all required family members about the application in accordance with the court's strict rules.
Submit to the Court
We submit the complete application bundle to the Court of Protection and handle all of their subsequent enquiries until the Deputyship Order is granted.
Why Instruct a Solicitor?
This is a significant legal undertaking. Our expertise protects you and your parent.
- Avoid Costly Errors: We ensure the complex financial and legal forms are completed correctly to prevent rejections and delays.
- Reduce Family Stress: We act as a professional, impartial guide, helping to reduce conflict during an emotional time.
- Protect Yourself from Liability: As a Deputy, you can be held personally liable for mistakes. Our guidance ensures you fulfil your duties correctly.
"They Handled a Difficult Situation with Compassion and Professionalism"
Your Questions About Deputyship Orders
The powers of a Deputy are set out in the Deputyship Order from the court. For a Property and Financial Affairs Deputy, this typically includes managing bank accounts, paying care fees, dealing with benefits, and selling property. A Personal Welfare Deputy can make decisions about medical treatment and care.
The process is not quick. Due to the need for a thorough capacity assessment and court processing times, you can expect it to take many months. This is why we advise planning ahead with an LPA wherever possible. If an urgent decision is needed, we can ask the court to make an interim order.
Applying to the Court of Protection is a more complex and therefore more costly process than making an LPA. It involves court fees, potentially the cost of a medical assessment, and our legal fees for preparing and managing the detailed application. We will provide a clear, written estimate of all costs before any work begins.
Get a Clear Path Forward
This is a difficult journey, but you don't have to navigate it alone. Let our expert solicitors provide the clear, compassionate guidance you need to protect your parent's best interests.
Request a Callback to Get StartedGet in Touch
0330 333 8797
info@wildings-solicitors.co.uk
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862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
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Monday to Friday
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