Court of Protection

We are often asked by worried relatives whether they can get a Lasting Power of Attorney on behalf of a friend or relative who has already lost their mental capacity, for example who may already be suffering from dementia or have had a stroke or accident. 

An LPA has to be made by someone who has sufficient understanding to make it.  If they have already lost mental capacity, they cannot make the LPA.

In cases such as these you can apply to the Court of Protection for a Court Order to enable you to become their “Deputy” and manage their affairs.

The Court of Protection looks after the financial affairs of those who are unable to do so themselves, and who did not put in place Enduring or Lasting Powers of Attorney when they were able to do so.

This can be a lengthy and costly process as the Court needs to be satisfied that the right person or people are being appointed. We can support you through making an application to the Court of Protection and guide you on the criteria that you will need to meet in order to satisfy the court of your suitability to act on behalf or your loved one.  

If there is nobody to act, or if the situation is complicated, we can act as a Professional Deputy. Within our team we have Moira Percival, one of just 60 professional Court of Protection Deputies in England and Wales to be on the Court Approved Panel. This means that Gorvins are recognised experts in this field and deal with a number of cases referred to us directly from the Court.