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Court of Protection & Powers of Attorney

 

It is painful to imagine ever being in a situation where we will not have total control over our own affairs but the reality is, disaster can strike us at any time.

Anyone of any age can have an accident, suffer unexpected heart attack or potential develop dementia.

Some people think if you lost capacity then a close family member or spouse can take over the reins to access your money and even pay for your care. Unfortunately that is simple not the case unless the proper paperwork is in place.

Lasting Power of Attorney (LPA)

Click here to access our LPA Factsheet

A Lasting Power of Attorney (LPA) is a legal document which allows you to appointment someone else to manage your affairs on your behalf in the future, should you become mentally or physically unable to do so.

Without a valid LPA in place your assets maybe be frozen even of you have joint accounts. Your loved ones would need to apply to the Court for a Deputyship Order which is much more costly and time consuming.

Making an LPA is, in some ways, like taking out an insurance policy. It is a one-off transaction. We hope we will never need to use it but should we need to we have peace of mind.

Why should I consider an LPA now?

It’s a good time to get it your LPA in place as the Court has reduced its registration fee from £110 to £82 per application. Speak to us today to get a clear and complete LPA creation quote which is backed by our award-winning customer service and expertise.

You can also call or visit us. Click here for our opening times!

Court of Protection

When someone lacks mental capacity to look after their own affairs and has not put in place a valid LPA before losing capacity then an application to the Court of Protection is required in order to appoint a suitable person to manage the incapacitated person’s affairs.

The Court of Protection may appoint a family member or a Solicitor to act as a ‘Deputy’ to manage a person’s property and financial affairs. A Deputy must report all income and expenditure to the Office of the Public Guardian and must ensure that all decisions are made in the best interests of the incapacitated person.

Such decisions and responsibilities may include:

  • Paying for care home or supported living fees
  • Managing and applying for benefits
  • Negotiating funding arrangements with Local Authorities
  • Investing a personal injury settlement or managing periodic payments
  • Selling property and safeguarding sale proceeds
  • Completing tax returns
  • Managing insurance policies and other general administration
  • Executing a ‘Statutory Will’ if required

Many decisions can be complex, and the obligation to report to the Office of the Public Guardian may be a daunting prospect for family or friends. For this reason, it may be in the best interests of the incapacitated person that a Professional Deputy to be appointed.

Why appoint a Professional Deputy?

Our Professional Deputy service ensures that the incapacitated person’s assets are managed by a Deputyship expert, thus ensuring complex issues are dealt with effectively and with the level of care and professionalism expected from a specialist Solicitor. A specialist professional Deputy will ensure that:

  • All potential benefits entitlements are maximised
  • Annual reports to the Office of the Public Guardian are accurate
  • Legal matters and administrative responsibilities are dealt with by a qualified Solicitor
  • Care funding arrangements are negotiated by an expert to ensure the incapacitated person is not overcharged
  • Potential disputes among family can be avoided through the use of an independent professional.

For  further information about:

  • whether an LPA or a Court of Protection Deputyship application is appropriate,
  • the Court of Protection application process , or
  • the appointment of a Professional Deputy

Please contact Tom Evans, Solicitor at Watkins & Gunn on 07969391465 or email tevans@watkinsandgunn.co.uk

Your Problem Solved

Our friendly team is understanding, professional and clear, at all times.

We’ll give you jargon-free advice without any hidden costs.

Contact us today to see how we can help you.

COVID-19 

Wales has now moved to Alert Level 1. Our offices are no longer closed to the public. However we remain cautious, and in the interests of the safety of our staff and clients, we intend to continue to conduct our business remotely where possible.

Go to our CoVid 19 page for more information.