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 mange 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 kind 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 the experts in Court of Protection
We have a strong reputation in dealing with the full range of Court of Protection services including deputyship services, gifts, lasting powers of attorney and replacing deputyships with private trusts. We have six court of Protection departments located in Sheffield, London, Birmingham, Manchester, Leeds and Newcastle upon Tyne.
We are therefore able to provide a specialist nationwide service. Our team based approach means we work with colleagues to combine legal expertise from financial management, planning, investment, taxation, and reports and accounts to the Court. We are members of the panel of court appointed deputies.
About the Court of Protection
One of the most common ways in which we help our clients is to arrange for lasting power of attorney. People often choose an attorney, a family member or 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 choose us as their attorneys.
There are now two types of lasting power of attorney, one for property and affairs and one for personal welfare. Neither of these can be used until it has been officially registered with the Office of the Public Guardian.
If someone becomes mentally unable to manage his/her financial affairs and has not created an appropriate power of attorney, then the Court of Protection will appoint a deputy to act in respect of their financial affairs.
It is important to remember that the validity of any Enduring Power of Attorney made before 1st October is not affected in any way, and the Office of the Public Guardian will continue to register enduring powers of attorney as and when this is necessary. In contrast to the lasting powers of attorney, an enduring power of attorney needs only to be registered with the Office of the Public Guardian when the attorney suspects that the donor has lost or is losing mental capacity to manage his/her affairs.
If you are appointed as an attorney, or if you suspect that someone 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 the individual person’s circumstances and needs.
We should be happy to discuss any case in more detail in order to agree the best way forward.
For more information call 0870 1500 100