3 (of the) Times When You’ll Need a Court of Protection Solicitor

Call Us Today
Last Edited
Share this post

Tags – Do I Need a Court of Protection Solicitor

A court of protection order is sometimes necessary to safeguard the welfare of vulnerable individuals when they’re not able to look after themselves.

Taking into account factors such as mental health, age and degenerative disorders, if a vulnerable person is regarded as at risk to either themselves or others, it can be necessary for a court to grant legal power to someone else. Let’s take a look at when this might happen.

1. When Somebody Suffers from Dementia

It’s never easy when a family member develops a debilitating mental illness.

In addition, sadly, the loss of mental health often goes hand in hand with the loss of personal freedom. One such instance is dementia.

Dementia is a degenerative disease that affects the way in which the brain functions, resulting in memory loss and impaired decision-making skills.

In the UK alone, there are approximately 850,000 people suffering from dementia to varying degrees of severity.

For the majority, families are able to cope, but in severe cases, and when decision-making skills are seriously hampered, further action in the form of a court of protection order might be a necessary step to consider.

2. If Someone is Sectioned Under The Mental Health Act

In the UK, if someone is a danger to themselves or others, then they can be sectioned under The Mental Health Act 1983.

This, in effect, means that the person under consideration is admitted for a stay in a hospital, so that they can recover from their illness without posing a risk to either themselves, family members or the public.

The length of time that a patient remains sectioned in a mental health facility can vary from 72 hours to 6 months, depending on the level of risk their condition poses.

Here, for individuals sectioned over lengthy periods, it might be necessary to grant a court of protection order deeming a family member, carer, or close friend responsible for important legal matters, such as property and finances.

3. When Looking After Finances for Elderly Relatives

One of the most common reasons for applying for a court of protection order is to ensure that an elderly relative’s finances can be managed with their best interests at heart.

The UK has an ageing population and there are, in fact, nearly 6 million UK citizens over the age of 75. Although age alone isn’t a determining factor in whether someone is stable to manage their own affairs, there are numerous risks to mental health which get amplified in old age.

For instance, the chances of suffering from Alzheimer’s, Anxiety Disorders and severe Cognitive Impairment are all dramatically increased in old age. So, in order to protect elderly relatives, it is unfortunately sometimes necessary to step in.

Through the suggested action, a court of protection order can grant a family member the right to legal power when old age leaves a person vulnerable.
Thaliwal & Veja specialises in Court of Protection related matters of law. To learn more, get in touch with us today.