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Court of Protection - Deputyships

Property and Affairs

The Court of Protection was established with the intention of looking after the affairs of those who are unable to make decisions for themselves with regards to their property and affairs. This could be due to a number of reasons, from serious brain injuries to learning disabilities.

 

In such cases, the Court can make a variety of orders to appoint someone to act on the individual's behalf or direct that a specific action takes place. These actions could include financial matters such as daily administration, tax planning, making a gift, and acting as a trustee.

 

Argo has a team of skilled advisers who are equipped to offer guidance and support with any financial application to the Court of Protection.

 

It is essential to have all the necessary support and advice in place for individuals who lack capacity to make these decisions themselves, and the Court of Protection serves as the perfect solution.

Unlock the Power of Property and Affairs Deputyship

Property and Affairs Deputyship is typically the go-to application for the Court of Protection.

 

Whether it's managing everyday financial tasks or major decisions like selling a house or handling lottery winnings, this authority allows someone to make essential choices on behalf of those unable to do so themselves.

 

No judge necessary for simple cases - an administrative officer can handle it efficiently.

Appointment of New Trustee

 

Looking for a new trustee for your trust? Don't wait until it's too late! Ensure your trust is secure and in capable hands by acting now.

 

Whether due to the original trustees health, age, incapacity or other personal reasons, having the right number of trustees is crucial when making decisions like investing monies or selling properties.

 

Let us help you navigate this process smoothly and efficiently.

Making a Gift under a Deputyship?

 

Making a gift from someone who lacks capacity can be a tricky process. While some gifts can be made by an deputy, there are very limited options available. Any other gifts must be approved by the Court of Protection.

 

This involves an application process that outlines the reasons for the gift, as well as the financial implications it may have on the individual. Evidence must be provided to show that the gift is in the best interest of the person in question.

 

At Argo, we only make applications that we feel are likely to succeed. We can assist with every step of the process, including completing the application papers, serving documents, and liaising with the relevant parties.

 

So if you need to make a gift on behalf of someone's property and affairs, rest assured that we have the expertise to help.

Can I tax plan under a deputyship?

For individuals lacking capacity, there is still a possibility for their estate to be managed in a tax efficient way to reduce inheritance tax and capital gains tax.

 

This can be accomplished through an application to the Court of Protection for permission to give assets away as part of property and affairs tax planning.

 

The process involves providing detailed information to the Court to evaluate whether or not it is in the best interests of an individual.

 

Prior to approval, a significant benefit to the estate must be demonstrated, and adequate assets must remain within the estate for long-term care needs.

 

Reports and before-and-after scenarios must also be presented.

 

Overall, the process is complex and requires careful consideration of all factors involved. 

Can I make a Will under a deputyship?

Making a will can be a daunting task, but it's something that everyone should consider as they grow older. If you lack capacity or haven't made a will yet, you're not alone.

 

The Court of Protection can help with a special kind of will known as a statutory will.

 

This type of will is a legal document that outlines your wishes for your property and affairs. The process of making a statutory will involves drafting a will and having it approved by the Court. Family members and potential beneficiaries will need be contacted to ensure that everyone is aware of the proposed terms.

 

If there are any objections to the new will, a hearing will be required to determine the exact terms. With the help of the Court of Protection and Argo, you can make sure that your last wishes are respected, no matter what your circumstances may be.

Things to think about

Embarking on a Court process can seem daunting, especially when it comes to matters concerning the Court of Protection and property and affairs.

While deputyship applications are usually straightforward, situations can arise where hearings become necessary.

 

Applications for making gifts, entering into tax planning, and statutory wills all increase the likelihood of such hearings. In cases where there are objections to an application, costs can quickly escalate, with hearings and expert evidence contributing to the strain.

 

It is essential to seek advice before making any application to the Court of Protection. With our expertise, we can guide you through the process and let you know if it's the right decision for you. The last thing anyone needs is an unexpected costs bill from a lawyer.

That's why we are here - not just to prepare the application but to advise on whether it is a good idea to begin with!

Important Notice: Deputyship applications for Property & Affairs and Health & Welfare are distinct, with separate costs for each.

Unlock the support you need with Property & Affairs Deputyship. Ready to learn more about how Argo Life & Legacy can guide you?

  start a conversation with our dedicated team.

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