A Leading UK Personal Injury Firm. Court of Protection

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1 A Leading UK Personal Injury Firm Court of Protection

2 Lasting Power of Attorney A Lasting Power of Attorney is a document which allows you to give legal rights to a person of your choice to manage your financial affairs and make health and welfare decisions on your behalf, should you become incapable of making those decisions yourself. Fentons Solicitors LLP has a team of experts to help guide you through the process of setting up a Lasting Power of Attorney. WHY MAKE A LASTING POWER OF ATTORNEY? Your family members are not automatically entitled to manage your financial affairs without your express authority. A Lasting Power of Attorney allows you to appoint a person or persons (attorneys) to manage your affairs and personal welfare if you are permanently or temporarily unable to make decisions yourself. Fentons Solicitors LLP has a team of experts to help guide you through the process of setting up a Lasting Power of Attorney HOW TO MAKE A LASTING POWER OF ATTORNEY There is an established process in drawing up a Lasting Power of Attorney, which must then be registered with the Office of the Public Guardian. Fentons Solicitors LLP can help you and your attorneys to complete the relevant forms and arrange for registration at the Office of the Public Guardian. WHAT HAPPENS IF I HAVE NOT MADE A LASTING POWER OF ATTORNEY AND I LOSE CAPACITY? If you no longer have the necessary mental capacity to make your own Lasting Power of Attorney, an application to the Court of Protection will need to be made for the appointment of a deputy on your behalf (see page 2.)

3 The Court of Protection department at Fentons Solicitors LLP WHAT IS THE COURT OF PROTECTION? If you or your loved ones have been affected by a traumatic brain injury, if an elderly relative is suffering the onset of dementia, or a friend or family member suffers from learning difficulties or mental illness, then the Court of Protection is there to help you. The Court of Protection helps to protect people who have lost their mental capacity. If someone is no longer capable of dealing with their own financial affairs or personal welfare, the Court of Protection will appoint a deputy. The deputy will have the power to make financial and, in some cases, welfare decisions for someone who does not have capacity to make those decisions themselves. Fentons Solicitors LLP can help guide you through the process of dealing with the Court of Protection. Our experts are on hand to provide all the necessary help and clear, practical advice you might need to deal with this very specialised area of law. Our clients include people of all ages who are incapacitated because of injury, clinical negligence, mental illness or old age, including individuals with: The Court of Protection helps to protect people who have lost their mental capacity Cerebral palsy Brain injury Learning difficulties Dementia WHO CAN BE APPOINTED AS A DEPUTY? Anyone over 18 can apply to be appointed as a deputy. Sometimes a deputy may not be required if a Power of Attorney has already been made before the person lost their capacity to manage their affairs. ACTING AS A PROFESSIONAL DEPUTY Dealing with the Court of Protection can be time consuming and complex. In many cases Fentons Solicitors act as a professional deputy to make things easier for our clients. We will often visit the client in their home and we always consult with their family and friends throughout. We do this to ensure that we are always acting in the best interests of our client.

4 THE ROLE OF THE DEPUTY The deputy will need to work closely with case managers and other professionals to meet all of the client s needs. The Court will authorise the deputy to act on a person s behalf, granting them responsibility for property and affairs including: Maintaining a bank account Making investments Paying bills Claiming benefits Setting up a budget Purchasing and adapting property Purchasing specialist equipment Employing carers Appointing and liaising with case managers Filing tax returns Arranging holidays Accounting to the Court on an annual basis In some cases the deputy may be appointed to make personal welfare decisions, which may include: Deciding where the person lives What contact the person has with specific persons Giving or refusing consent for medical treatment Giving consent for the transfer of healthcare MAKING A WILL A person who does not have the capacity to deal with their financial affairs does not necessarily lack the capacity to make a will. We can help the clients to make a will for themselves. If the client is unable to make their own will, we can make an application to the Court of Protection for a statutory will, which will take into account the wishes of the client wherever possible. Our experts are on hand to provide all the necessary help and clear, practical advice you might need to deal with the Court of Protection

5 Court of Protection costs The costs associated with the Court of Protection are broken down into two very distinct areas costs charged by the Court of Protection itself, and the legal costs charged by the solicitors acting on your behalf. Our team of experts will take you through this process step by step to ensure you understand the way the costs are being charged and how they can be paid. COURT COSTS The Court of Protection makes its own charges for the application and will also charge annual administration fees. In addition, the deputy will be required to take out an annual security bond to insure their actions as deputy. All of these fees are recoverable from the mentally incapable person s assets. Our clients include people of all ages who are incapacitated because of injury, clinical negligence, mental illness or old age LEGAL COSTS The Court of Protection sets fixed costs that can be claimed by solicitors. Fixed costs also apply for each year of general management where there is a professional deputy. In complex cases these costs are approved by the Court before payment is made from the client s resources. However, in cases where the client has recovered compensation as a result of accident or clinical negligence, the cost of a professional deputy is often recovered as part of the claim.

6 Call on our expertise OUR EXPERT TEAM IS HERE TO HELP YOU Our friendly, helpful team of experts is on hand to offer you all the information and advice you might need, and to guide you through complex personal welfare issues involving the Court of Protection and Lasting Power of Attorney. For free initial advice or to discuss your own needs further, simply give us a call or send us an GO ONLINE AND YOUR QUESTIONS TO US FOR FREE ADVICE enq@fentons.co.uk LONDON OFFICE 22 Chancery Lane London WC2A 1LS Tel: Fax: MANCHESTER OFFICE Aurora Building 55 Princess Street Manchester M2 4EW Tel: Fax: FENTONS, CHANCERY LANE, LONDON FENTONS, PRINCESS STREET, MANCHESTER