Simper Law

Court of Protection
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Court of Protection Solicitors

Sadly, not all of our clients are able to make the important decisions that are sometimes required in day to day life. In these circumstances, our Court of Protection Solicitors can help family and loved ones act in their best interests.

The Court of Protection is able to appoint a Deputy for a person without capacity to make decisions on financial or welfare matters on their behalf. It can also make specific decisions itself relating to the care, health or finances of the individual and in emergencies when needed.

Also, the Court of Protection will consider applications for statutory Wills and gifts and resolve disputes between those involved with a person’s care.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

How we can help:

This is a complex area of the law and our specialist Court of Protection or Deputyship Solicitors, are experienced in all matters relating to the Court of Protection and can help with several situations:

  • If you are responsible for someone else’s affairs
  • If you are concerned about someone’s ability to manage your affairs
  • If you are concerned about the ability of someone to manage another’s affairs
  • If there is a dispute about someone’s ability to make their own decisions
  • If there is a dispute about the care or medical treatment that is in someone’s best interests

If you have the responsibility of managing the affairs of a loved one, we can support you with legal advice, information, and representation.

Our Court of Protection Solicitors also have experience in Personal Injury and Medical Negligence cases where the subsequent loss of mental capacity has taken place. For long-term conditions, we can provide legal advice and preparation of Lasting Powers of Attorney, in addition to assisting with resolving any disputes over Lasting Powers of Attorney or the nominated deputies.

FAQs

What is a lack of mental capacity?

This means the inability to make decisions or choices due to illness or disability. This can include being unable to understand or retain information, use that information to make a decision or even communicate that decision to others.

What is a Deputy?

A Deputy is appointed by the Court of Protection to manage the affairs of another person who no longer has the mental capacity to do so for themselves. The Deputy’s powers are set by the Court Order. If the person lacking mental capacity already has a valid Power of Attorney in place, then a Deputy is not required.

What is the difference between Lasting Power of Attorney and Deputyship?

Deputyship and Lasting Power of Attorney are the same in that a person is appointed to make decisions for someone without the mental capacity to do so. The difference, however, is:

Lasting Power of Attorney is made by the person themselves before they lose mental capacity.

Deputyship is applied for by a third party after a person has lost metal capacity.

This, therefore, means that a person has more control over their own wishes with a Lasting Power of Attorney.

Why would I need to set up a Deputyship?

Deputyship may be needed when someone loses mental capacity and is unable to make decisions about their welfare or finances, and there is no Attorney in place already.

Loss of capacity can be due to brain injury or illnesses such as dementia. Some of the decisions that need to be made are:

  • Collecting income or benefits
  • Selling assets for care home fees
  • Managing an award of compensation
  • Making decisions on medical treatment and living arrangements

What types of Deputyship are there?

In much the same way as a Lasting Power of Attorney, a Deputyship can be appointed to manage two different aspects:

Property and Affairs – this includes making decisions about financial and property affairs, including sale and/or purchase

Personal welfare – this includes making decisions about health and welfare, including medical treatment options. Please note that a Deputy cannot refuse consent for life-sustaining treatment.

Can anyone be a Deputy?

A Deputy must be over the age of 18 and will be required to declare any criminal convictions or bankruptcy arrangements upon application to the Court of Protection. A Deputy is often a spouse, partner, or another close relative. Still, if there is no one able or willing to be a Deputy, this role can be taken by the local authority or a professional such as a Solicitor. If the person has a large or complicated estate, it is advisable for a professional to be appointed to manage decisions.

Are Deputies supervised? If so, how?

When a Deputyship Order is put in place, the Office of the Public Guardian allocates it with a level of supervision. This can range from a low level of supervision (usually for simple cases) to a high or close level of supervision, usually used for new cases. Depending on the level of supervision, the Deputy will be required to report on their activities as often as advised.

Can a Deputyship be terminated?

Yes, a Deputyship will be terminated when the person either passes away or regains their mental capacity. It can also be terminated by an Order of the Court of Protection, should the Deputy wish to resign or retire.

Here to help

At Simper Law we are able to assist clients in making the above applications and preparing the lengthy paperwork that is involved.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

Testimonials

"You couldn’t improve the service, it was faultless. I found dealing with Simper Law an absolute pleasure from the first phone call to completion of my Will. Everyone I spoke  to was helpful and friendly and Kim made the whole process easy and stress free. Many thanks and I won’t hesitate to recommend you."

Client: Mrs Loveday

"Very informative and clear. The Solicitor fully understood out requirements. Everything was completed to our satisafction in a suitable timeframe. The service and the delivery of the service was exemplary. First class from all concerned. It was apparent from the first meeting that we had chosen well in approaching Simper Law. First class knowledge and customer care at all times. Very attentative, helpful and efficient."

Client: Mr and Mrs Hall

“Nothing could be improved with the service. Extremely satisfied.”

Client: Mrs B Laidler

“Our Wills were dealt with very quickly. Thank you, Sally.”

Client: Mr & Mrs F.

“We saw Sally Riches for assistance in drawing up new Wills and Lasting Powers of Attorney. Our objectives were completely understood and Sally went the extra mile in providing a good service for us. Sally is friendly, knowledgeable and efficient. Thank you for all your help.”

Client: Mr & Mrs J.

“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”

Client: Mr & Mrs Hannant

"Victoria is the perfect Solicitor and will fight your corner every step of the way. Victoria has a way of making you feel at ease and you are made to feel like you are the most important person in the world, I highly recommend Simper Law."

Client: Tracey Bellward

"Victoria was able to take the emotion out of my case and look at it objectively, with a view to minimising my costs. I’ve worked with a few Solicitors in the past who take the opposite approach. I’m more than happy to recommend and pass on to friends and family."

Client: John Graham

"I would like to pass on my thanks to the team at Simper Law for the handling of an outstanding debt to my business.
Victoria was able to achieve more in a week than I was able to in a year! I cannot fault the level of customer service or professionalism throughout the process and what sometimes can be a very stressful procedure was anything but. If I have another issue like this arises in the future then Simper Law will be my first point of call and I would recommend them to family, friends and colleagues without hesitation."

Client: Niall Secker

"I'm so very grateful to Kim and her team for helping me to make a will that covered my wishes. Kim is a naturally caring person and made me feel at ease from the start. All questions were answered factually, but with compassion. Now I feel I can rest at ease in the knowledge that all is in order on this front. I was very worried at the idea of this experience, but I had no need to be -at all."

Client: Anthony Joseph

"I would like to thank Kim for her patience and advice in putting together a somewhat complicated Will and have no hesitation whatever in recommending Simper Law to anyone needed a friendly professional service."

Client: Doreen Avellino

"Best Solicitors I’ve dealt with, friendly, very easy to deal with and never trying to get you to do something you didn’t want. Exceptional."

Client: Paul Horrex

"Outstanding service from all at Simper Law- A total pleasure to deal with from first contact to completion. Not only professional in all respects, but just the right touch to leave you confident and completely at ease. Kim and her lovely team offer an impressive service second to none."

Client: Carol Rose

"I highly recommend Sally Riches at Simper Law. Her dealings with me throughout the Will writing process were professional, timely, efficient, helpful, clear and pleasant.
It was a task I was dreading and Sally made it easier and more effortless than I imagined it could be. Thank you."

Client: Sandra Boatman

"Thanks again Danielle- you’ve done a fantastic job on this - great communication and professional efficiency throughout the process for which we are very grateful."

Client: Sally Burrell

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