When making a will or administering a relative’s estate or helping an elderly relative, you or your relative may also need to make a Lasting Power of Attorney (LPA) or apply to the Court of Protection. If you are uncertain how to do this, we can help.

In some cases, when someone is judged to be beginning to lose mental capacity or lacking mental capacity, you may need specialist legal advice to ensure that you can achieve what is best for themselves and their loved ones. This can be done through a LPA or by making an application to the Court of Protection.

Lasting Power of Attorney (LPA)

When making a will you may also want to make an LPA. This is a legal document that lets you appoint one or more people, known as 'attorneys', to help you make decisions or make them on your behalf.

If you were to have an accident or an illness that resulted in you lacking mental capacity, this will give you more control over what happens to you, safeguarding both your financial future and personal welfare.

Court of Protection

The Court of Protection now operates under the Mental Capacity Act 2005. It helps to look after the property, financial affairs and personal welfare of people who lack the mental capacity to make decisions for themselves.

Applications need to be made to the Court of Protection for the appointment of a deputy or new trustees of land, for the approval of proposed gifts or for a statutory will to be made. You will need the specialist help of someone who can ensure that the application is made quickly and efficiently for the correct order.

At Jacklyn Dawson, our qualified and experienced solicitors can offer specialist help when making an LPA or applying to the Court of Protection.