Deputies and those with power of attorney have limited powers to make gifts on behalf of someone they are looking after, providing the value of the gifts is not unreasonable considering their financial or other assets. Our specialist solicitors will be able to advise you about giving gifts or legacies on behalf of someone and when and how you will need to apply to the court for the approval of gifts and transfers.
For those who lack capacity, the Court of Protection makes the final decision on welfare matters. In certain circumstances. you may need permission to submit an application. Our team of Court of Protection experts can offer accurate guidance and support throughout the process of getting welfare authorisation. This can be giving you ongoing counsel, assisting you with the paperwork, or advocating for you in court.
Unfortunately, sometimes deputies may act beyond their remit or even dishonestly. If you think a deputy is behaving improperly, you should act as soon as possible. Our expert team of solicitors can advise you if you are concerned about the actions of a deputy, and, where necessary help you apply to the court to remove them, freeze funds and recover assets from them.
Where a person enters into a marriage without the mental capacity to do so, that marriage can be held to be voidable under the Nullity of Marriage Act 1971. However, the impact of the Matrimonial Causes Act 1973, Section 12(c) is that the marriage will not be null and void, but rather merely voidable. If you feel you are involved in a predatory marriage, our expert team can help you come up with a viable solution.