Court of Protection
It’s a sad fact that, as we’re all living longer, there’s more chance we will suffer from conditions such as Alzheimer’s or dementia. It can be frightening and upsetting if it happens to you – as well as distressing for your family. The good news is it’s possible to plan ahead to ease some of the worry. We can help you take steps now so your affairs will be managed should the need arise.
How to deal with loss of capacity and arrange Court of Protection deputyship
You may already be caring for an elderly relative or someone with a serious illness or injury. We can help you protect their interests in the future. Our highly experienced team of Court of Protection solicitors will listen to your needs and take you through all the options.
- Appointing a deputy
Your loved one may already have chosen someone to act as their attorney by setting up a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA). However, if they haven’t appointed an attorney, you may want to think about appointing a deputy to look after their affairs instead. You could apply to the Court of Protection to be a deputy yourself if you feel you are the best person for the role. We can help you apply for Court of Protection deputyship.
- Applying to the Court of Protection
The Court of Protection is designed to protect people who cannot make decisions for themselves because of mental incapacity. The Court can appoint a deputy to look after a particular person’s financial or medical interests, and can also decide on issues such as tax planning and Statutory Wills. We have a well-established relationship with them and can help you set up a Court of Protection deputyship with the minimum of fuss.
- Reducing your stress
It can be heartbreaking watching someone you love lose their ability to make decisions about their life. As Court of Protection solicitors, our aim is to take away some of the pressures and strains. If you do not wish to act as Deputy yourself, our trust corporation – Royds Withy King Trustees Limited – may be able to act as a deputy, which will let you concentrate on caring for your loved one.
- Statutory Wills
Sometimes a person’s circumstances change once they have lost capacity to manage money for themselves. This may mean that their current Will arrangements are no longer suitable for them or may not acknowledge the people that expect to inherit something following their reduced capacity. If so, a Court of Protection application may be needed, and our specialist solicitors for the elderly can help.
- Court of Protection disputes
Sometimes families do not agree on decisions made on behalf of their loved one. These decisions may be to do with anything from who should be appointed as Deputy, to where their loved one should live. In this situation, it is important that you receive the advice from experienced mental capacity solicitors, to ensure that your views are represented.
You may also be concerned about not becoming a burden to your family in later life. By setting up a Lasting Power of Attorney, you can be sure that someone else can look after your affairs in the future should the need arise. We can explain how to go about setting up a Lasting Power of Attorney so you can put plans in place.
“What the team is known for: Bath-based team dealing with complex domestic and international matters. Handles offshore trust work, asset protection and estate administration. Also advises on Court of Protection proceedings and issues concerning vulnerable people. Strengths (Quotes mainly from clients): “Good, clear advice provided without delay.” Notable practitioners: James McNeile (Band 2) leads the group and advises domestic and international clients on estate and tax planning and trust management. Market commentators say he has “a fantastic reputation.”” Chambers 2017 South West
“What the team is known for: Advises clients from its Oxford and Swindon offices on trusts, tax and estate planning matters, wills and estate administration. Adept at handling contentious probate and trusts work. The firm has its own trust company, providing advice to trustees. Strengths (Quotes mainly from clients): “They are strong in estate planning and trusts.” “They’ve been very good and very easy to deal with.” Notable practitioners: Tom Gilman’s (Band 2) practice focuses on inheritance tax issues, wills, trusts and estates planning and administration. He also has capability advising on Court of Protection matters and powers of attorney. A client notes: “He is thoughtful, careful and he has always given me excellent advice.”” Chambers 2017 Thames Valley Oxford, Swindon & Surrounds
“Royds Withy King’s Becky Ricards Small handles personal injury trusts, while department head James McNeile undertakes international work.” Legal 500 2016 South West