0161 832 6131

The Court of Protection and Public Guardianship Office

The Act provides for a new Court of Protection to make decisions in relation to the  property and affairs and  healthcare and personal welfare of adults (and children in a few cases) who lack capacity. The Court also has the power to make declarations about whether someone has the capacity to make a particular decision.

The Court has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court. It is a superior court of record and is able to set precedents (set examples to follow in future cases).

The Court of Protection has the powers to:

• Decide whether a person has capacity to make a particular decision for themselves;

• Make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;

• Appoint deputies to make decisions for people lacking capacity to make those decisions;

• Decide whether an LPA or EPA is valid; and remove deputies or attorneys who fail to carry out their duties, and hear cases concerning objections to register an  LPA or EPA and make decisions about whether or not an LPA or EPA is valid.

Details of the fees charged by the court, and the circumstances in which the fees may be waived or remitted, are available from the Office of the Public Guardian (OPG).

In reaching any decision, the Court must apply the statutory principles set out in the  Mental Capacity Act. It must also make sure its decision is in the best interests of the person who lacks capacity.

Nestor Partnership

Nestor Partnership offers a comprehensive range of services for Protected Individual’s and their Deputies. Services includes:

• Investing Personal Injury Damages Awards.

• Help and advice with the Deputyship Application process. Many lay clients need guidance through the requirements to be appointed as a Deputy.

• Deputy bank accounts

• Budget planning. Deputies need to plan and budget for annual costs. Nestor can assist with arranging payments from the PGO to the Deputyship bank account.

• Estate Planning for Protected individuals. Advice on the Inheritance Tax implications and offering support to families and their legal advisers on tax planning.

• Tax affairs. Nestor are able to complete tax returns, trust accounts and assist with deputyship returns through Nestor Accountancy Services Ltd.

Many of our Court of Protection clients are referred to us via their legal advisers and we also act in many cases where a professional deputy has been instructed.

Nestor also offer training to legal advisers on the Court of Protection and the OPG. Nestor are registered with the Solicitors Regulation Authority and the Bar Council for CPD purposes.

If you have any queries regarding the Court of Protection or PGO, please do not hesitate to contact Debra Kirwan at Ralli on 0161 832 6131, or to request information online click here.