Court of Protection advice
As we grow older we might become concerned for our ability to effectively manage our finances, taxes, our assets and estate. With the onset of dementia, or in the aftermath of accidents or clinical negligence, some people can no longer effectively manage their own affairs. The Court of Protection is the judicial body responsible for assisting people in this situation, so that they cannot be exploited or denied what is rightfully theirs. The Court of Protection also regulates those people approved to look after their financial affairs. As age expectancy goes up, so does the incidence of conditions like dementia, which is expected to rise to approximately 850,000 cases in the UK by 2010. These are the kinds of people who benefit from Court of Protection.
Irwin Mitchell advises and assists with a range of circumstances which affect those under the Court Of Protection’s jurisdiction.
We are experts in Court of Protection
We have a strong reputation in dealing with the full range of Court of Protection services including receivership services, gifts, Enduring Powers of Attorney and replacing receivership with private trust. We have three Court of Protection departments located in Newcastle, Sheffield and London, providing specialist nationwide service. Our team based approach means we work with colleagues to combine legal expertise from financial management, planning, investment, taxation and returns to the Court.
We are members of the Panel of Court Appointed Receivers and the Receivers’ Forum and Joint Liaison Group of the Court of Protection.
About the Court Of Protection
One of the most common ways in which we help our clients is to arrange for Enduring Powers of Attorney. People often choose to elect an ‘attorney’, a family member or a close friend, or sometimes even a number of people, to act in their interests should they ever need that help. We also work for clients who prefer our impartiality and elect us as their attorneys.
If the person who has named you their attorney starts to become mentally ill or lose the capacity to handle their financial affairs, the attorney must submit the signed Enduring Power of Attorney document to the Court of Protection, with the knowledge of that person’s family. The Court of Protection then registers the Enduring Power of Attorney.
If somebody becomes mentally unable to manage their financial affairs without having created an Enduring Power of Attorney, the Court of Protection will appoint one on their behalf.
If you are appointed attorney, or if you suspect that somebody close to you requires the help of the Court of Protection, we can assist. All Court Of Protection cases are unique and different court powers will apply depending on how substantial the individual’s assets are when they become disabled, so we’ll need to discuss your case in more detail in order to agree the best way forward.
For more information call 0870 1500 100, or use the links above to drop us a line.