Mental Incapacity & Care of the Elderly
Our care and support go hand in hand
What is involved?
If you have reached a stage in life when you require help with your affairs, we have a service designed to look after matters for you. Alternatively, if you are caring for an elderly or incapacitated relative and their affairs, you may face new and unexpected challenges.
Or, you may be an attorney or need a Lasting Power of Attorney for Property & Finances and/or Health & Welfare decisions; appointing someone to manage things for you if you become mentally incapable.
Our specialist lawyers advise on a variety of aspects of care and financial management, and work with relatives, carers and guardians. We have a team specialising in Court of Protection work, taking care of the welfare and assets of someone who through age, infirmity, illness or injury may not have capacity to look after their own affairs.
Why choose Freeths?
- Friendly, approachable lawyers experienced in helping vulnerable clients, their friends and family offering a respectful and quality service
- We advise on Inheritance Tax and Estate Planning including Statutory Wills for those who have lost capacity
- We advise relatives wishing to make provision for incapacitated children
- We advise about paying for residential and nursing home care, including how to fund fees
- We advise carers and offer specialist expertise on mental capacity, nursing/residential home care
Our lawyers will explain everything to you clearly in plain English. Call us now to see how we could help you.
If you need advice about tax and succession planning; dealing with issues relating to residential or nursing home care; or just the day to day management of the affairs of someone who is unable to do to so for themselves we will steer you through the challenges.
Two of our team are on the panel of Deputies maintained by the Court of Protection to support people who have no family or friends to support them, or where there is a dispute about who should manage their affairs.
We also have a variety of detailed information sheets available, including guides to choosing and visiting a care home. Please get in touch using our enquiry form if you would like a copy.
Our Mental Incapacity & Care of the Elderly Legal Team
- Prepared urgent interim applications to the Court of Protection for the release of monies to pay care home fees.
- Drafted a complaint to the Department for Work and Pensions in relation to the non-payment of a benefit for her client. She felt that the benefit should have been backdated over some years and that the client had been financially penalised for not having the capacity to deal with the claim themselves. The claim was successful.
- Experienced in preparing wills and powers of attorney for elderly or disabled clients. In such circumstances, we are able to meet with clients in their own home or in a setting which is most comfortable for them.
- Acted for numerous clients who lack mental capacity, and who have received a significant award of damages, in the ongoing management of their financial affairs.
- Acted as an attorney or a court-appointed deputy for people who lack the capacity to administer their own affairs.
- Regularly instructed to make family care payment applications on behalf of lay deputies and made several successful applications for these payments. These have included authority to pay the parents of a child over £90,000 per annum for the care they provide for their significantly disabled child.
- Deputy appointed by the Court of Protection to manage multi-million pound compensation award to a minor child resulting from brain injury through medical negligence at birth.
- Acted for a client in an application to the Court of Protection for the appointment of a health and welfare Deputy.
- Managing a £4 million settlement for a young man with learning difficulties, who subsequently suffered from a brain injury from a road traffic accident as a child resulting in significant cognitive impairment. The client is extremely vulnerable and his funds are used to provide a team of support to give him the best life possible.
‘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