Court of Protection & Deputyships
Help is at hand
What is involved?
Unfortunately, there can come a time in a person’s life when they are unable to make decisions about their property and finances, or their health and welfare. If an Enduring Power of Attorney or a Lasting Power of Attorney is not in place, our expert team of Court of Protection lawyers can help you.
Our sympathetic lawyers help people who lack capacity as the result of a catastrophic accident, old age, and mental illness or learning difficulties. We accept referrals from families, solicitors, case managers, local authorities, charities and investment managers. Freeths can advise and deal with applications under the Mental Capacity Act 2005.
These include applications for one-off decisions by the Court concerning a client’s financial affairs or welfare issues, applications for the appointment of a Deputy, or applications for the approval of tax planning, gifts, trusts and Statutory Wills. Our extensive experience in the care, social services and benefits systems means that we can provide guidance and support to ensure that all available state funding is applied for.
Call our Court of Protection team now to see how we can help you.
Why choose Freeths?
- We have many years’ of experience acting as professional deputies
- Lay deputies can ask for as much or as little support from us to meet their responsibilities
- Our professional, empathetic lawyers are able to visit you at home if this is appropriate for you
- We are appointed to the Office of the Public Guardian’s Panel of court-approved deputies
- Strong financial and record keeping structures in place tailored for deputy financial management
We support litigation solicitors by providing expert witness statements, which will identify the full range of responsibilities of a professional Deputy and which put monetary value on tasks, for the purposes of a claim involving lack of capacity.
Our team are also experts in the reporting and taxation duties of deputies.
The Court of Protection team at Freeths is actively involved with The Silverlining; a national charity which provides support for those affected by brain injury, including friends and family.
We have a wealth of Court of Protection information available, including guides to choosing a care home, community care and end of life decisions. Please get in touch using our form if you would like a copy.
If you are looking for help challenging a deputy or attorney’s decision, or disagree with an application made in the Court of Protection, please click here.
Our Court of Protection & Deputyships Legal Team
- Recovering money from attorneys who have acted in breach of trust, removing attorneys/deputies who have abused their position, or challenging lifetime gifts that have been procured by undue influence.
- Property and Affairs Deputy appointed by the Court of Protection managing funds arising from catastrophic clinical negligence and personal injury claims.
- Acting for deputies and attorneys in regaining possession of property, and assisting in proceedings brought in the Court of Protection in relation to the removal of financial and property affairs attorneys.
- Recently making an application to the Court of Protection for authority for attorneys appointed under an Enduring Power of Attorney to manage their relative’s portfolio. The Enduring Power of Attorney did not have a discretionary investment clause included at the time of registration.
- Acting for numerous clients who lack mental capacity, and who have received a significant award of damages, in the ongoing management of their financial affairs.
- Acting in an application to the Court of Protection to remove a Litigation Friend and appoint a Deputy as the Litigation Friend.
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014