Court of Protection & Gifts

The Court of Protection protects the interests of those who suffer with mental incapacity and are unable to look after their own affairs. This can include persons of all ages and many differing circumstances. It ranges from children with severe educational needs to those who have suffered brain injury and, of course, the largest group are elderly persons suffering with dementia.

 

When requested, perhaps by a member of the family or Social Services, the Court will appoint a “Deputy” to look after the Property and Affairs of that person and where necessary their personal welfare. The Court has the power to appoint a Deputy to make decisions for a person who lacks the capacity, decide whether a Power of Attorney is valid and generally to deal with any disputes that arise.

 

Michael Stirton and Geoffrey Greenhouse have over 30 years’ experience in dealing with the Court of Protection and acting as Deputies. We offer a comprehensive service to Clients and their families in all aspects of the work covered by the Court of Protection.

We Can:

  • Advise and assist in applications to the Court of Protection for a Deputyship Order.
  • Act for Clients where there is a dispute as to who should act as Deputy.
  • Advise on funding issues.
  • When requested, act as the Deputy.
  • Advise and assist with Lasting Powers of Attorney.

Gifts

Any substantial gift to be made by a person lacking capacity must be authorised by the Court. Either the Attorney or the Deputy will make the application and will need to satisfy the Court as to the reasons and that the gift is in the best interests of the donor.  We can assist you in making the application and bringing this to the Courts.