People often ask whether an estate will ‘go to Probate’, although many are unclear exactly what this means. A Grant of Probate (or Letters of Administration if there is no Will) authorises the Executor to administer the estate by collecting in...
Bond | A type of insurance policy taken out in Deputyship proceedings to protect the assets of the Patient. |
Capacity Assessment | A report by a medically qualified practitioner confirming that the Patient no longer has mental capacity to make decisions for themselves |
COP | Court of Protection. A division of the High Court responsible for granting Deputyship Orders |
Deputy | A person appointed by the Court of Protection to have legal authority to make decisions for someone who can no longer make decisions for themselves. |
Deputyship Order | An Order given by the Court of Protection enabling someone to make decisions for someone who is unable to make decisions for themselves. Relevant when that person is unable to make a Power of Attorney. |
Mental Capacity Act | Mental Capacity Act 2005 makes provision for those lacking mental capacity |
Patient | The person who has lost mental capacity and who needs someone to be appointed to make and implement decisions for them. |