Court of Protection INJURY & NEGLIGENCE SPECIALISTS

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1 Court of Protection INJURY & NEGLIGENCE SPECIALISTS

2 Injury & Negligence Our solicitors have given our son a quality of life we never thought possible. He now has the security for a brighter and happier future. Quote about Pannone part of Slater & Gordon, from Mr Booth

3 WELCOME TO PANNONE PART OF SLATER & GORDON When choosing a law firm, what do you look for? Quality service? Great reputation? Specialist solicitors at the top of their profession? Or simply friendly and approachable people? We offer all of these things. We focus on providing the highest standard of service with a personal touch that makes the difference. Our clients describe us as honest, professional and committed and in the words of the Legal 500 independent legal guide, we are excellent in every way, and never falter in support and availability. Our lawyers are easy to talk to and will keep you fully updated with no legal jargon. This booklet explains what the Court of Protection is and how we can help individuals that lack capacity. For more information or to set up a free consultation, please contact us on freephone Emma Holt National Manager of Specialist PI 03

4 Injury & Negligence Gillian Hitchen, Principal Lawyer in our Court of Protection Team, explains how we help clients (and their families) that lack capacity Court of Protection The Court of Protection is a specialist court responsible for individuals who lack the mental capacity to manage their own property and affairs or to make decisions about their welfare. There are many reasons someone may lack mental capacity, for example dementia, learning disability or as a result of a traumatic brain injury. Many people put in place a Lasting Power of Attorney to appoint someone to look after their finances should they not be able to manage for themselves in the future. If, however, someone loses their mental capacity without having appointed an Attorney an application must be made to the Court of Protection for a Deputy to be appointed to act on their behalf.

5 At first, when I thought about Court of Protection, I thought it wasn t needed and I was scared of all the hassle involving other people dealing with my money. How wrong could I be. The team that deal with my money are outstanding. I would recommend the Court of Protection team to anyone, I can t speak highly enough of the services they offer. Mr Fitzgibbon, Liverpool Gillian Hitchen, Principal Lawyer, Court of Protection Deputyship A Property and Affairs Deputy is appointed by the Court of Protection to manage the finances of an individual who cannot make decisions for himself. Taking on responsibility for someone else s finances is clearly an extremely important decision - as well as being a potentially emotional process. Acting as a Deputy involves many aspects of the organisation and management of another person s life, including making decisions about housing, care funding, investments and managing day to day expenditure. Working with an expert solicitor in this situation is vital, which is why so many families and other professionals turn to us. With an expertise built up over more than 20 years, our specialist solicitors have an in-depth knowledge and experience of dealing with the Court of Protection that is virtually unrivalled. 05

6 Injury & Negligence WILLS, STATUTORY WILLS AND LIFETIME GIFTS When an individual lacks mental capacity they will not be able to make a will for themselves, but their Deputy or Attorney can apply to the court for a statutory will to be authorised on their behalf. A statutory will allows the testamentary wishes of an individual to be recognised and their best interests considered. Lifetime gifting can be useful, for example in tax planning or helping out family members. Deputies and Attorneys have limited authority to make gifts, but in certain circumstances an application can be made for the court to authorise a substantial gift. 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.

7 CARE FUNDING We understand that funding care can be a huge cause of concern, especially in the case of families concerned for elderly relatives. We can provide expert guidance and support when considering questions about how care should be funded. DISPUTES IN THE COURT OF PROTECTION We know that sometimes issues cannot be resolved amicably. In these situations we are able to represent you in proceedings in the Court of Protection. Their knowledge and experience are remarkable; they have a vast understanding and their negotiating skills are excellent. Quote from Chambers (Independent Legal Guide) 07

8 Injury & Negligence Case Study Luke is a young boy with Cerebral Palsy. This was caused by a failure during his labour to recognise that he was in difficulties and needed to be delivered as soon as possible. Because of the delay in his delivery, Luke s brain was starved of oxygen and permanently damaged. With us on his side, Luke won a substantial sum of compensation. Luke s future is secure financially but it doesn t stop there - we continue to help him and his family to manage his money for the future, with the appointment of a professional deputy. Pannone part of Slater & Gordon

9 My solicitors are dedicated, reliable and compassionate. They have delivered an excellent service that has improved the quality of my grandson s life. Quote about Pannone part of Slater & Gordon, from Mr B. Farley 09

10 Injury & Negligence DEPUTYSHIP SERVICES We recognise that, for many people, becoming a deputy is a daunting prospect and we therefore offer advice, support and guidance to help new deputies. The Deputy s responsibilities typically include: Claiming all relevant state benefits Taking investment advice and investing funds appropriately Budgeting to ensure that any compensation and damages will last Arranging payments, which may include care costs on an ongoing basis Buying, selling or adapting a house Managing tax affairs Preparing annual accounts Liaising with and updating the Office of the Public Guardian Considering the appropriateness of wills and gifting ACTING AS PROFESSIONAL DEPUTY The largest proportion of our work is in providing deputyship services ourselves. Our team has a good reputation and we often 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 our client s financial and legal affairs. We keep in regular contact with our clients and their families and carers with the aim of building long term relationships and providing on-going support. I would certainly recommend them to anyone in the future Quote about Pannone part of Slater & Gordon, from J. S (Birmingham)

11 CONTACT US Highest quality advice (ranked in top tier by leading independent legal guides Chambers and Legal 500) Free no obligation consultation Experienced specialist solicitors and principal lawyers who are Leaders in their field National UK coverage and home visits For more information, or to discuss your case, please contact Gillian Hitchen Freephone gillian.hitchen@pannone.co.uk Pannone part of Slater & Gordon have offices nationwide. To find your local office visit For further information, please go to:

12 For more information on Court of Protection services please call or Slater & Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.