Court of Protection – A Case Study

Black Norman Solicitors are based in Crosby, Liverpool and work with an array of clients across different services. Our solicitors offer a variety of services to clients, including Court of Protection applications 

When Mrs Smith approached our dedicated team, we were able to help her with the Court of Protection process, so keep reading to learn more about how we helped our client.

What is a Court of Protection order?

A Court of Protection order is used when someone is no longer able to make decisions about their affairs due to mental incapacity. The Court is able to make Deputyship Orders to protect vulnerable parties who may need assistance. For example, if someone needs help from a family member because they have been in an accident that leaves them incapacitated, they may apply to court for deputyship.

Commonly, a Court of Protection is used when deputyship is not set up through other means such as a Lasting Power of Attorney. They are applicable when a person has already lost capacity, contrary to the LPA process, which can only be sought when a person has not lost capacity.

How Black Norman helped

Client Mrs Smith approached Black Norman Solicitors. She was acting on behalf of her Father, who had lost mental capacity and who was co-owner of a property. The client’s mother (the other co-owner of said property) had already passed away.¬†

This meant that the property was only able to be managed by her father from a legal standpoint. When it comes to paying the mortgage, carrying out repairs or ensuring that the property was safe and accessible for her father, Mrs Smith was struggling to make necessary adjustments. As such, she needed to apply to the Court of Protection to act on behalf of her father and help him sell the home so he could afford care.

We helped Mrs Smith take the following steps in her application to act on behalf of her father: 

  • Applying for Grant of Probate of Mother;
  • Applying to the Court of Protection for the appointment of two of the senior Black Norman Solicitors to be appointed under section 54 of the Trustee Act 1954 in order for the sale of the property to proceed
  • We also helped her deal with the sale of the property

From here, Mrs Smith was able to effectively care for, and manage the affairs of her father without the property management stresses looming over her. If any of these situations sound familiar to you and you need the help of a solicitor, keep reading on to learn how you can get in touch with us.

Choose Black Norman as your Court of Protection Solicitor

As you can see, Black Norman Solicitors were able to help Mrs Smith with these complicated issues relating to her father. Generally these situations require lots of sensitivity, and dealing with these matters can be stressful, which is why you should choose a team of solicitors who are experienced and aware to the complexities.

Black Norman has a brilliant team of Court of Protection Solicitors who can help with your matter and setting up a deputyship to handle your loved ones affairs. Contact our team today to get started.