The Court of Protection can make decisions, and can appoint other people to make decisions, for those who lack the mental capacity to do it themselves. Principally these decisions involve health, financial affairs, property and personal welfare.
Our specialist Court of Protection Solicitors are able to advise and represent our clients through every stage of the Court of Protection process, ensuring the best care, provisions and plans are made for the individual in need of this level of protection.
We pride ourselves on being one of the very few firms in the area able to work on Court of Protection cases for people with a degenerative condition, such as Alzheimer’s Disease or Dementia, and those with acquired brain injury or traumatic brain injuries.
The first thing the Court of Protection does is decide whether a person is mentally capable or not of making a certain decision. If the person does not have the capacity, the court will either make a one-off order or, if there are likely to be continuing decisions that need to be made not, it will appoint deputies to make decisions for the person in question.
Other decisions that the court makes include the execution of a Will on behalf of someone without the mental capacity to make one themselves, the validity of a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA), and objections to proposed EPAs or LPAs.
The court can also decide whether attorneys or deputies should be able to make financial gifts on behalf of the person lacking capacity, and it can remove the legal rights for deputies or attorneys to make decisions entirely if it believes they have failed to carry out their duties properly.
The team of specialist Court of Protection Solicitors, here at Lanyon Bowdler have a great deal of experience in the process, and understand that the issues can be highly sensitive. Our team is qualified to undertake professional deputyship in respect of Court of Protection representation and administration.
Our supportive and personal approach has been highlighted by clients as a valuable part of our work, helping you to make the important decisions and getting the case to a satisfactory conclusion as quickly as possible.
If someone loses their mental capacity, but has not made a power of attorney, the Court of Protection will appoint a Deputy who will make important decisions on behalf of the incapacitated person. The Deputy will be responsible for legal and financial affairs but they may also need to make decisions about medical treatment. Deputies are appointed following an application for deputyship made to the Court of Protection.
The private client team is recognised in Tier Two for the West Midlands of the 2021 edition of The Legal 500.
The 2020 directory affirms: "The Court of Protection team, which acts for clients across the UK, is a core part of the private client department and advises on a wide range of complex property and affairs cases."
The private client team is ranked in Band 1 in the Chambers UK High Net Worth Directory 2021 edition and states: “The group has particular experience in Court of Protection work, with one market commentator noting: "I can honestly say I think they're super-professional and they certainly look after their clients very well."
A past edition of Chambers UK High Net Worth Directory describes Lanyon Bowdler as a "very well-established, well-known Shropshire firm," says a market insider, adding that this "full-service firm is recognised in Shrewsbury in many practice areas."The private client team advises clients on wills, trusts and the administration of estates, and is considered to be "very strong on Court of Protection work."
Having legal authority means that you are allowed to make decisions on another person's behalf. If legal authority is given to you by the court of protection, your legal responsibility will continue after the person who has been made a deputy dies.
A local council or NHS trust may be able to apply for legal authority over an individual if there is evidence that this would help them protect their interests or meet their needs better than anybody else could do so.
Lacking mental capacity means that a person doesn't have the legal capacity to make decisions for themselves. This could be because they are unwell, or it may mean that their condition is permanent and long-term.
There are a number of ways in which people can lose their mental capacity. These include mental illness, if they have suffered brain damage due to an accident or through medical negligence for example. Sometimes, people are able to make decisions for themselves about certain things, but not others. This is called 'partial capacity'.
If you are worried that the legal process for appointing legal authority is not working properly, or if there is a disagreement about who should have legal authority over an individual, our experienced Court of Protection Solicitors can help.
Our Court of Protection department manages approximately 55 deputyships and trusts with assets of approximately £100 million, putting it on a par with other nationally recognised Court of Protection practices.
We would be happy to advise you on every aspect of the Court of Protection process and the Mental Capacity Act 2005.
Please give our Court of Protection team a call for a friendly, confidential, conversation about how we can help support you through the entire. Our conversations to initially advise you are course completely free of charge and there is no obligation attached. Please contact a member of the team or complete our online enquiry form toward the top of this page on the right-hand side. We can also arrange a home visit if more convenient.
Lanyon Bowdler has offices in Shrewsbury, Bromyard, Hereford, Ludlow, Oswestry, Telford, and Conwy in North Wales.
We regularly act over Court of Protection matters for clients following Serious Brain Injury Claims across Shropshire, Herefordshire, Mid and North Wales, Birmingham and the Midlands. As a leading national law firm, we can represent you wherever you live in England, Wales or Northern Ireland.
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