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Court of protection

When you’ve found yourself trying to deal with the financial affairs of someone who has become incapacitated, it can be difficult, you may even think it’s impossible.

If no Lasting Power of Attorney has been created there is only one option – to apply to the Court of Protection for a Deputy Order. When granted this will allow the designated person to act on behalf of the person who is incapacitated.

It’s important to seek advice as quickly as possible, as getting a Deputy Order can take a little time and a delay can cause unnecessary financial problems in the interim period.

If you complete the enquiry for or contact your nearest Hine Solicitors we’ll guide you through the process with sensitivity.

Financial challenges

Banks and other financial institutions and experts will not deal with anyone except the account holder.  That can make life very difficult for the family if there is no way of paying bills and accessing cash for living expenses.

What constitutes ‘incapacity’?

If someone has been diagnosed with Dementia or Alzheimer’s Disease they may be unable to make rational decisions. The test for assessing a person’s capacity is complicated; in most cases our solicitors will be able to assist, but it may be necessary to obtain a medical report.

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