Court of Protection

Court of Protection Work

Protecting the rights and interests of those who cannot speak for themselves

When caring for family members and loved ones, their best interests must always be kept at the forefront. In some cases, your loved one may no longer have the mental capacity to make important decisions for themselves.

This could include individuals who have suffered a stroke, dementia, or brain injury, and are no longer capable of making their own financial, property, or health decisions.

Charles Gomez & Company provide quality representation in the Gibraltar Court of Protection, legal advice and assistance to family or friends who are seeking to make decisions on behalf of their loved ones.

What is the Role of the Gibraltar Court of Protection?

The Gibraltar Court of Protection, operating under the Mental Capacity Act 2005, will appoint a “Deputy”, someone such as a relative or close friend, which will allow them to manage their loved one’s affairs and act in their best interests, and make decisions about their finances, property, health, and welfare.

The court has the power to appoint attorneys (individuals appointed to make decisions on behalf of someone who lacks mental capacity).

In addition, the court provides guidance and support to family members and carers who are responsible for the welfare of someone who lacks mental capacity.

The Role of “Deputy”

The role of a Deputy involves taking on several duties and responsibilities in accordance with certain standards. Once appointed as Deputy, a Court Order will set out and define the exact powers conferred.

These will include:

• undertakings to act in the patient’s best interests;
• a duty to act within the scope of the powers conferred;
• strict obligations to ensure that there is no conflict of interest;
• to act with honesty and integrity;
• provide annual accounts to the Court of Protection of the monies spent from
• the patient’s estate to ensure it is for their benefit.

Who can Apply for the Role of “Deputy”?

Anyone can apply to the Court of Protection: a legal Guardian (if the patient is under 18), family members, Care Agency Officials, an Attorney (i.e., a chosen loved one or friend acting on your behalf) or anyone named in a court order.

Charles Gomez & Co: Legal Representation & Guidance Throughout

At Charles Gomez & Co, our team will help you navigate the legal procedures involved in applying to the Court of Protection. We provide advice on the best course of action for our clients and help prepare and present the necessary legal documents in court, as well as represent and advise you throughout the process.

Additionally, our team can assist in managing financial affairs, such as dealing with banks and ensuring the protection of property and assets.

For more information contact Charles Gomez & Co by email: info@gomezco.gi or by telephone on +350 200 74998