Elderly Client including Funding Care
Our dedicated and friendly team give specialist advice to elderly clients and their families on:
- Lasting Powers of Attorney – Property and Financial affairs and Health and Welfare Powers of Attorney
- Asset Protection and Gifting of the Family Home
- Funding for Residential and Nursing Homes and/or Cost of Care in your Home
- NHS Continuing Healthcare Funding and Local Authority Funding
- Advance Decisions (living Wills)
- Court of Protection Applications including Statutory Wills (please see information below)
What is the Court of Protection?
The Court of Protection is a branch of HM Court Service and has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.
What is the role of the Court of Protection?
The Court of Protection has powers to deal with all matters that relate to persons who are over eighteen years of age and lack the requisite capacity to deal with their finances, personal welfare and other matters such as being capable to make a Will. The Court can appoint a Deputy to deal with that person’s affairs and/or personal welfare, grant an Order for a Statutory Will to be drafted on behalf of the incapacitated person, appoint new Trustees in their place and authorise certain gifts. Personal Welfare issues can cover where a vulnerable person should live and how they are cared for. The Court of Protection will also decide upon whether the person concerned lacks mental capacity before deciding upon making an Order.
The first step before an application to the Court of Protection therefore would be to obtain a Medical Certificate to ensure that the route of the Court of Protection is applicable as opposed to the person being able to sign a Power of Attorney.
Who can apply to the Court of Protection?
Anyone can apply to the Court of Protection to be appointed as a Deputy but usually it would be a family member. The same person can also apply for a Statutory Will and all other relevant applications. The appointed person would have to be over the age of eighteen years.
If a Lasting Power of Attorney or an Enduring Power of Attorney has already been created by the person who has been deemed to have lost capacity then the Court of Protection will not need to be involved. This is something that we advise upon.
How we can help
We deal with all Court of Protection Applications ranging from the preparation of papers for the appointment of a Deputy to deal with financial affairs and personal welfare to the removal of the incapacitated person as a Trustee and drafting Statutory Will applications.
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Emma Wing. I would like to thank you and your colleagues for everything you did in order to resolve my Mother’s estate. There is absolutely no doubt in my mind that you have done far more than is normally expected or required of a solicitor; and that without your kindness, help, understanding and perseverance this matter would still be ongoing. You have my gratitude and admiration for all that you’ve done to help over the many years this has taken to resolve. I am truly grateful for everything that you’ve done to help me and offer a sincere and heartfelt thank you in return.
Thank you all for the completion of our mom’s' estate. Thanks to you this has been a smooth and less stressful event than might have been.
We both just want to say a massive thank you for acting as our ILA on our recent remortgage. Your help and guidance along with your 'leave it with me' approach was a great comfort to us as we managed our way through a frustrating time with our new lender. Many thanks again
Zoe Smith, Abbey House, Shrewsbury
May I take this opportunity to thank you and your staff, but in particular yourself, for the help and guidance over the last 16 months. I came to rely on your calm and ultra professional way of dealing with matters in hand. Thank you.
Emma Wing, Shrewsbury Office
Dear Alison, you were very diligent and helpful in achieving the outcome I required against an insurance company. You have an excellent understanding of the law and a logical approach. Thank you.
Alison McLachlan, Shrewsbury Office