Court of Protection
We have a dedicated department specialising in Court of Protection matters. We are experienced in making the necessary applications to the Court and in acting as professional deputies.
What is the Court of Protection? The Court of Protection makes decisions on applications which involve people who lack mental capacity.
What powers does the Court of Protection have?
Under the Mental Capacity Act, the Court of Protection has the power to:
- Make decisions about the personal welfare or property and affairs of people who lack the capacity to make the decisions themselves;
- Make declarations about a person’s capacity to make a decision, if the matter of whether they can make a decision cannot be resolved informally;
- Make decisions about serious medical treatment cases that relate to providing, withdrawing or withholding treatment to a person who lacks capacity;
- Appoint a deputy to make ongoing decisions on behalf of a person who lacks capacity, in relation to either the person’s health and welfare or property and financial affairs; and
- Make decisions about a lasting power of attorney or an enduring power of attorney, including whether the power is valid, objections to registration, scope of attorney powers and removal of attorney powers.
What is a Deputy?
A Deputy has the power to make financial and welfare decisions on behalf of someone who lacks the capacity to make those decisions for themselves.
To be appointed a Deputy, you must be aged 18 or over. The Deputy must be approved by the Court of Protection. A Deputy may not be required in all cases, for example if a Lasting Power of Attorney was made before a person lost their capacity to make decisions in relation to their finances and/or welfare.
Court of Protection issues can be extremely complex and in many cases, our clients opt to appoint us a Professional Deputy on their behalf. As Professional Deputies, we ensure that we act in the best interests of our client and work with the family and friends throughout the process.
What does a Deputy do?
Once the Court of Protection have issued an order, the Deputy’s duties may include maintenance of bank accounts, paying bills, managing of investments or properties, dealing with benefits claims, filing tax returns, etc.
The actions of a Deputy are closely monitored by the Court of Protection to ensure that they are in the best interests of the client at all times.
How can Harold Stock & Co help?
Our highly experience team can guide you through the application process should you wish to become a Deputy or indeed, they can act as Professional Deputy depending upon the complexity of the issues at hand.
If you would like further assistance or information on the Court of Protection, please contact Claire Atkinson on 01457 835597 or ca@haroldstock.com.
Client Testimonials
Will and LPA Preparation
Friendly, caring and personable but also professional and trustworthy.
January 29, 2019
Lasting Power of Attorney
A very professional and efficient service from Claire Atkinson. Kept informed of all that was going on.
Mr and Mrs Orme January 9, 2019
Will Amendments
Initial contact was to update our wills which was fully dealt with to our full satisfaction through Kelly and Claire. Many thanks for your advice and explanation.
Anthony & Avril Jeffries November 29, 2018
Will Amendment
Very friendly and efficient but I wouldn’t expect anything less from Harold Stock & Co. Always first class service. Will Amendment dealt with by Kelly Jackson.
Judith Fish November 28, 2018
October Free Wills Month – Stockport
Very helpful, friendly and put me at ease. Would recommend to friends and colleagues.
November 15, 2018
Will & Lasting Powers of Attorney – Mossley
We found Claire Atkinson very easy to talk to and to discuss what we needed to sort out our affairs. The overall experience was very pleasant and was sorted very quickly. We also got a More
November 14, 2018
October Free Wills Month – Stockport
Very professional, efficient and friendly. Also gave me advice re: other matter as well as wills.
November 13, 2018
October Free Wills Month – Will Writing – Stockport
Very happy with all the information that was given by Francesca Rigby. Extremely professional and informative. Could not have asked for a better service and advice.
Arthur & Cheryl Greer November 13, 2018
Will and Lasting Powers of Attorney – Ashton under Lyne
I thought the service was very good and very helpful in every way.
D J Woodward November 13, 2018
Amendment to Will – Mossley
Kelly and Claire was very friendly and approachable. We felt very at east being able to ask questions and the answers we received made us feel secure.
Lydia Stent and Stuart Harper November 9, 2018
October Free Wills Month – Stockport
Francesca was very helpful and a very pleasant person to speak to. I would recommend her to anyone, in fact, I did to my sister.
Catherine Steel November 6, 2018
October Free Wills Month – Stockport
The matter of changing my will was handled efficiently and speedily by Francesca. She gave me useful info re: pension death beneficiary nomination which I had not previously considered. A first class service.
November 1, 2018
Will Writing – Stockport office
Good, efficient service.
October 29, 2018
October Free Wills Month – Stockport
They were basic wills done during free wills month, and we were pleased to be able to use this service. As some of the information needed in order to make certain decisions was new to More
October 29, 2018
Will Preparation
Francesca explained our options and made making our wills painless. We would highly recommend your services.
Thomas & Janet Potts October 25, 2018
October Free Wills Month – Stockport
Francesca explained our options and made making our wills painless. We would highly recommend your services.
October 25, 2018
Will Writing – Stockport
Very friendly, helpful and easy to talk to.
Catherine Bracewell October 25, 2018
Will Writing + more!
I was absolutely delighted with Francesca Rigby’s very professional, kind and patient help in preparing my will, and with all the advice she gave me for that as well as providing extensive advice on my More
Victoria King October 23, 2018
Will Amendment – Mossley
A very professional service and excellent advice.
Michael Orme October 15, 2018
Will Writing – Mossley
Explained everything very clearly and concisely. Claire had a very friendly and welcoming manner.
Neiland Shirley Tuersley October 9, 2018
Probate and Estate Administration – Mossley
Good communications when applicable, efficient service, friendly.
Richard Kenworthy October 5, 2018
Will Writing – Failsworth
Ivana came to the house because I am disabled. She was extremely efficient and courteous, as was her aide. A credit to your company.
Mrs J September 24, 2018
Will Writing – Failsworth
Thank you for a courteous and friendly service extended to us both.
Mr & Mrs H September 21, 2018
Lasting Power of Attorney – Mossley
Vic and I find it hard to get about, so we really appreciated the home visits from Claire and her team.
Victor and Maureen Williams September 19, 2018
Will Writing – Dukinfield
Very pleased with th service provided – very thorough – well explained. Everyone friendly, helpful and patient. Thank you.
Mr & Mrs G September 14, 2018
Amendments to Will – Failsworth
Very personal and understanding approach. Very empathetic.
Mr G September 6, 2018
Lasting Power of Attorney – Failsworth
Ivana was very polite and patient ensuring I understood all forms.
Mrs B September 5, 2018
Will Writing – Chadderton
Our thanks to Kelly for explaining the various choices available relating to both our wills, helping us to select the right one.
Roy & Pamela Peel August 23, 2018
Will Writing – Failsworth
Excellent service by Ivana Bailey
Mr & Mrs Schofield August 23, 2018
Probate – Mossley
Claire (and the whole team) were so professional but also sympathetic and very supportive during the worst time of my life. She is amazing and I would recommend her to anyone.
Helen Lynch August 14, 2018
Lasting Power of Attorney – Mossley
We were very happy with our service. Thank you.
Brian Taft August 13, 2018
Will Writing – Stalybridge
I was very pleased with the efficient and pleasant manner Claire Atkinson advised me and dealt with my will.
August 10, 2018
Will Writing – Failsworth
Ivana Bailey was very helpful and friendly. She explained things clearly. Nothing was too much trouble, all reception staff were helpful and polite on the phone or entering the building. I was very satisfied with More
August 10, 2018
Lasting Powers of Attorney – Mossley
Professional, friendly and helpful
Stephen & Anne Swallow August 7, 2018
Will Writing – Failsworth
Very friendly people. We weren’t kept waiting.
August 1, 2018
Will Writing – Mossley
Kelly was very helpful and soon put me at ease.
August 1, 2018
Lasting Power of Attorney – Royton, Oldham
Wills
Regardless of your age, you should consider having a will professionally drawn. A surprisingly high number of people die without leaving a will which can cause enormous problems for the family of the deceased.
The issue of your will is by its very nature, a solemn topic. Read our factsheet - What happens if you die before making a will? for further information.
Often people shy away from the issue of preparing a will and in a lot of cases simply never get around to doing so. If you want peace of mind in the knowledge that your partner/spouse, family, friends and charities will receive what you intend them to receive upon your death then you should make an appointment to meet with a member of our wills and probate team. We can then draft your will to meet your needs.
Not only does the issue of who is to inherit need to be addressed but careful inheritance tax planning is also vital. Our team can advise on all of these issues.
It is also important to review your will as your circumstances change. For example: the birth of a child, when your financial circumstances change or when you get married/divorced or enter into a Civil Partnership. For further information please read our factsheet - Marriage, Divorce and Civil partnership
We are members of Certainty - The National Will Register and if you choose to write your will with us, we can register it for you with Certainty.
Should you wish to make an appointment with one of our Solicitors to discuss your Will, please use our contact form on this page or contact one of the team directly. Appointments can be made at our Mossley, Failsworth or Stockport offices. Home visits are also available.
Client Testimonials
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Meet our Wills, Trusts and Probate Team
Mr J LeBrun July 23, 2018
Mr and Mrs Evans – Wills & Probate – Mossley
Over the last couple of years we have used your services. Dealing with Claire Atkinson each time. These issues have been sensitive and emotional. Claire has been an absolute tower of strength and exceptional knowledge. More
Julie & Chris Evans July 18, 2018
Lasting Powers of Attorney
Our only concern was the length of time it took and the number of times the papers were requested to be signed by the Office of the Public Guardian. We know this was out of More
Mrs R Tonepohl July 16, 2018
Preparation of Wills
Claire Atkinson was very professional, yet friendly. Putting us totally at ease.
Teresa & Steven Ainsworth July 2, 2018
Will Writing – Mossley
Could not fault Kelly!!! Really, really helpful. Pleasant and obliging – Excellent!!
Mrs T June 14, 2018
Will Writing – Failsworth
Really appreciate fitting in 2 appointments in the same week.
Mr & Mrs C June 8, 2018
Will Writing – Bramhall
Kelly Jackson was very responsive to my emails proving clear and precise responses.
Darren & Elizabeth Shaw June 6, 2018
Lasting Power of Attorney – Mossley
We were satisfied with the way Harold Stock (Claire Atkinson and Kelly Jackson). We thank you.
Mr & Mrs Harrison June 4, 2018
Will Writing – Mossley
The situation regards my will was explained very clearly. The additional queries regards my partners will was also explained clearly.
Mr M May 22, 2018
Probate – Dobcross, Oldham
Claire and her team have been incredibly helpful re all business transacted. She is approachable and personable and was tuned in to my (and Catherine’s) circumstances. Nothing was too much trouble and she even arranged More
Barbara Hearne May 22, 2018
Will & Lasting Power of Attorney – Ashton under Lyne
Claire Atkinson was very professional and very friendly. I will be very confident to come back again should I need legal advice in the future.
Mr Lumley May 15, 2018
Claire Atkinson – A credit to your company
Over the last couple of years we have used your services. Dealing with Claire Atkinson each time. These issues have been sensitive and emotional. Claire has been an absolute tower of strength and exceptional knowledge. More
Mrs & Mrs Evans May 4, 2018
Will Writing – Stalybridge
I thought the service I received was friendly, helpful and professional. On receipt of a copy of the will, I needed to make an amendment. This proved to be a simple matter and was dealt More
Mr R April 26, 2018
Will Writing – Failsworth
Been using Harold Stock & Co since 1999 for any legal reasons. I find them helpful and trustworthy. Helpful with any paperwork or forms to fill in. Nice people.
Mrs K Pickering April 19, 2018
Will Writing – Disley
Just to say thank you again Paul and Kelly for all your hard work which is much appreciated.
Marnie Dean April 19, 2018
Telephone: 0330 400 4040