More Information from our Court of Protection Solicitors

A safe pair of hands

When someone becomes mentally incapable of handling their financial affairs whether by virtue of accident or illness, it will be necessary to appoint someone else to manage those affairs on their behalf.

Implementing such a responsibility is an extremely important decision - as well as being a potentially emotional process - involving as it does the organisation and management of another person's life. Clearly securing the services of an expert solicitor in this situation is vital, which is why so many families and other professionals turn to Pannone.

How we can help

Our Court of Protection services are geared around protecting and managing the best interests of persons suffering from mental incapacity, whether as a result of:

• Accidents/clinical negligence (brain injury)
• Old age (dementia)
• Mental handicap (learning disabilities)
• Mental illness (schizophrenia)

Our Court of Protection Solicitors provide advice and practical assistance to families, charities and professionals involved in protecting the welfare of these most vulnerable members of society, on a wide range of issues, including:

• Preparing applications for lay or professional deputies
• Acting as professional deputies
• Statutory wills, gifts, property transactions, appointment of trustees
• Lasting powers of attorney

Our values

• We act at all times in the best interests of the client in mind
• We take a sympathetic and understanding 'holistic' approach
• We foster long-term relationships with family, case managers, carers and other interested parties

Our areas of expertise

Court of Protection

If a person becomes mentally incapable of managing their financial affairs and is not able to appoint an Attorney with the use of a Lasting Power of Attorney it will be necessary to apply to the Court of Protection to appoint a deputy to act on their behalf.

With an expertise built up over 20 years, our specialist solicitors have an in-depth knowledge and experience of dealing with the Court of Protection.

Deputyship services

We recognise that, for many people, becoming a deputy is a daunting prospect and we therefore offer advice, support and guidance to aid new deputies as to the nature of their duties.

The largest proportion of our work in this area is in providing deputyship services ourselves. Hugh Jones and his team have developed a particular reputation acting as deputy for brain damaged clients. They receive regular referrals from other legal firms with personal injury and clinical negligence practices.

All members of our Court of Protection department are involved in attention to the day-to-day detail of the client's financial and legal affairs. We keep in regular contact with the client's representatives and will visit the client at least once a year.

The deputy's responsibility typically includes:

• Preserving access to the relevant state benefits
• Budgeting to ensure that any compensation and damages will last
• Arranging payments, which may include care costs on an ongoing basis
• Buying / converting a house etc
• Managing tax affairs and preparing accounts
• Working with other professional advisers, to ensure a co-ordinated approach to the client's financial affairs and the protection and growth of their funds
• Support and advice to client and family

In addition, we frequently assist other personal injury and clinical negligence practices in valuing and claiming the costs of deputyship as part of a compensation settlement.

Wills

We are able to assist the family, friends and carers of people with brain damage, mental disorders or learning disabilities to make a will themselves if that person has the necessary mental capacity to make a will.

Failing such capacity, we can make an application to the Court of Protection for the drafting of a statutory will, to ensure that the client's wishes will be taken into account.

We can also prepare wills for the families of people with learning disabilities, enabling them - for example - to ensure that the funds they leave for that child will be there to support them in addition to means tested benefits by the use of suitable trusts.

Call us now on 0870 164 2372 for a consultation with a Court of Protection Solicitor at Pannone LLP.