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...
A type of insurance policy taken out in Deputyship proceedings to protect the assets of the Patient.
A report by a medically qualified practitioner confirming that the Patient no longer has mental capacity to make decisions for themselves
Court of Protection. A division of the High Court responsible for granting Deputyship Orders
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.
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
The person who has lost mental capacity and who needs someone to be appointed to make and implement decisions for them.