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Freeths - Law firm

Oxford Court of Protection Solicitors

Experienced Private Client & Professional Deputyship lawyers

Our Expertise

Our Oxford Court of Protection solicitors can assist people who lack capacity because of mental illness, learning difficulties, an accident or old age. We can help with making decisions about their health and welfare, or their property and finances. Freeths offer a specialist team of lawyers who sympathetically advise and support with applications under the Mental Capacity Act 2005.

We can give as much or as little support as you need if you’re a lay deputy seeking help. We can also advise if a Lasting Power of Attorney or an Enduring Power of Attorney is not in place. From negotiating Statutory Wills, to tax planning and gift applications, you can trust our experienced Court of Protection lawyers in Oxford to help.

FAQs

Mum/Dad have lost capacity, what do I do? How do I pay their bills?

You need to make an application to the Court of Protection to ask for a Deputy to be appointed to make decisions in relation to Mum/Dad’s property and financial affairs that they are no longer able to make for themselves.

As part of the application, an assessment of capacity will need to be completed which the Court will consider along with the application which sets out the full financial information on bank accounts, pensions, investments, any property that Mum/Dad own, benefits that Mum/Dad are entitled to and other information.

You can apply for a family member or a professional Deputy to be appointed to act on behalf of Mum/Dad. Having a professional Deputy can take away the stress of having to deal with financial matters leaving family members to care for Mum/Dad.

How much does it cost?

The Court of Protection charge a fee of £385.00 for an application. The medical practitioner who provides a certificate about capacity may also charge a fee. If you would like a lawyer to draft the application form then the charge will be in the region of £1,500 – £3,000 plus VAT. The usual process is that the lawyer’s fees may be assessed by the Court unless the appointed deputy wishes to agree a fee with the lawyer.

Can I change Deputy?

If you wish to change Deputies then an application can be made to the Court of Protection. Please contact our Court of Protection Team who will be able to provide you with further information.

How much does a Deputy charge?

The Court of Protection sets guideline rates that all lawyers must charge for the work they undertake.  We will charge fees on the basis of the level of lawyer carrying out the work. The work will be delegated to the lowest appropriate level of lawyer wherever possible.  At present the guideline rates for our area are as follows;

Lawyer Grade Hourly Rate
A:         Solicitors with over eight years post qualification experience £217 + VAT
B:         Solicitors and legal executives with over four years post qualification experience £192 + VAT
C:        Other solicitors, legal executives and fee earners of equivalent experience £161 + VAT
D:        Trainee solicitors, para legals and other fee earners £118 + VAT

At the end of each year our files are sent to the Senior Court Costs Office for assessment. The Court will look at the work undertaken on behalf of the client and the Court determines what can be billed on the file.

What is a Panel Deputy?

A panel Deputy is a Deputy who has been approved by the Court of Protection for their knowledge and expertise in dealing with various matters in this area of law. Freeths LLP has two Panel Deputies in the Oxford office. Please contact our Court of Protection Team on (01865) 781000 for further information.

Our Process

You can rely on our Court of Protection team to be sensitive towards clients and their families. We will be empathetic to your situation and clearly explain things in plain English. We deal with applications for one-off decisions by the Court, and we understand the social services, care, and benefits systems. This means we can offer help and advice to make sure all available state funding is applied for.

Freeths offer a wide range of information guides, including how to choose a care home, end of life decisions, and community care. We also provide expert witness statements to support litigation solicitors and claims involving lack of capacity. Or if you need help with taxation and reporting duties, give us a call.

Why Choose our Oxford Court of Protection Solicitors

  • Freeths’ Oxford office is located in Oxford Business Park – just a short drive from the city centre and with ample parking
  • We are able to visit you at home if this is appropriate and understand the struggles involved
  • We have strong record-keeping structures in place, tailored for deputy financial management
  • You can trust our lawyers’ credentials – some are rated as Leading Individuals by Chambers
  • Freeths are actively involved with The Silverlining, a national brain injury support charity

 

Melanie Williams, Jane Maitland & Nigel Roots – Private Client Solicitors based in Oxford

Director Melanie Williams leads the Court of Protection team at Freeths’ Oxford office. She is appointed to the Office of the Public Guardian’s Panel of court-approved deputies – one of only 68 panel deputies appointed throughout England and Wales. Also within the team are renowned Private Client Partners Jane Maitland and Nigel Roots, both ranked as Leading Individuals by Chambers.

Kirsty Southgate and Patricia Grout are Senior Associates specialising in the management of affairs of vulnerable people. If you need assistance with a contentious matter, such as a dispute between family members, Managing Partner Sarah Foster and Associate Rosalyn Shephard can help.

Examples of Court of Protection cases in Oxford

  • Pursued social care funding which resulted in a local authority agreeing to fund a package of care worth £6,000 per month & reimbursing £120,000 in fees already paid.
  • 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.
  • Acted for clients whose mother had lost capacity and their father had passed away unexpectedly. Applied to the Court of Protection for an Order appointing the clients as their mother’s Deputies enabling them to manage her finances and to administer their late father’s estate.
  • Acting as Deputy for an incapacitated farmer who inherited his deceased wife’s share of the farm, but was unable to administer his inheritance. Following the death of the incapacitated party, Jane acted as personal representative of his estate, taking possession proceedings to obtain vacant possession of the farm.
  • Acting for P’s son in an application to appoint a court deputy to manage P’s financial and property affairs, in the place of his step mother and accountant. A complex dispute, not helped by the perceived failure of other family members to conduct business affairs in an open and transparent way.

For further information about our Oxford Court of Protection solicitors, contact Melanie Williams, Director at Freeths, at melanie.williams@freeths.co.uk or on 0845 128 6965, or submit a secure enquiry form.

Oxford Court of Protection Solicitors

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“Singled out for her ‘professionalism, sincerity and immense knowledge’, Jane Maitland acts as an executor and trustee and is also a Court of Protection appointed deputy for vulnerable clients.”

“Freeths are so lucky to have you Patricia. I do not think I would have been able to manage the anxiety of the last years without your understanding and updates.”

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‘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.

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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

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