Our Court of Protection Solicitors are dedicated to ensuring your loved ones’ best interests are protected when they can no longer make important decisions themselves.
Sometimes, friends and family members lose the mental capacity to make important decisions about their finances and welfare.
In these situations, it is important that their best interests are upheld; this is where the Court of Protection can help.
What is the Court of Protection?
The Court of Protection in the UK is a specialist court responsible for making important decisions on behalf of those who have lost the mental capacity to make these decisions themselves.
The Mental Capacity Act provides the Court of Protection jurisdiction to make orders on behalf of these people, relating to personal welfare, property and finances.
Individuals deemed as not having the capacity to make such decisions may include those diagnosed with dementia, a learning disability or brain injury.
When would you need a Court of Protection Expert?
Whether your concerns are related to your own welfare or the welfare of a loved one, it’s important to seek expert legal advice as soon as possible.
Our expert solicitors can assist you if:
- You are responsible for managing someone else’s affairs
- You are concerned about someone else’s ability to manage your affairs, or the affairs of a loved one
- You are concerned about your own ability to manage your affairs
- There is uncertainty around someone else’s ability to make decisions for him/herself
- There is a dispute about what social care, residence or medical treatment is in a person’s best interests
How Can KLS Law Help You?
Our compassionate team of legal experts and solicitors are highly experienced and understanding of your situation.
It is not easy to allow another person to make major decisions on behalf of yourself or a loved one.
Even if you’re simply looking for some general advice, the KLS Law team take this very seriously and will always act with the utmost care, placing you and your loved ones first at all times.
We appreciate that trust is a huge factor here, and we work hard to earn this amongst our clients; it is this, combined with our holistic, personable approach that sets us apart from other law firms.
Specifically, KLS Law can assist with:
- Appointing a deputy or acting as a deputy
- Lasting Powers of Attorney or Enduring Powers of Attorney
- Disputes around who should act as Deputy
- Statutory Wills and Trusts
- Personal injury trusts, including those for children
- Court of Protection health and welfare disputes
- Contesting Wills based on lack of capacity
- Deprivation of Liberty Safeguards (DoLS)
- Preparing annual accounts to the Office of the Public Guardian
- Preparing income tax returns
- Employing carers and support workers
- Permission to pay gratuitous care
For more information on how the team at KLS Law can assist you, we invite you to get in touch on 0800 015 1470, use our enquiry form or request a callback below.
Case Study: Application following a road traffic collision
We acted for a 75 year old brain damaged client following a road traffic collision, where mental incapacity was established. Following an initially contested but then subsequently successful application to the Court Of Protection to appoint the Client's daughter Deputy, the case was successfully dealt with through the Court Of Protection and the Client's monies successfully invested and managed. Settlement monies exceeded £150000.
Case Study: Application after a pedestrian traffic accident
We acted for an 89 year old actor, after he was the victim of a pedestrian road traffic accident. In the accident, he sustained lower limb injuries and a mild brain injury which made it difficult for him to manage his financial affairs. It was established later on in the case, through evidence from a neuropsychiatrist, that the Client did not have necessary capacity.
Upon settlement, approximately 2 years later for a sum approaching 6 figures, it was considered necessary to make an application to The Court Of Protection. This was to appoint a Deputy to manage the Client's settlement, where his son-in-law was appointed.
KLS law made the application for Deputyship appointment, guiding the son-in-law through the entire process and completing the application successfully. The monies were managed appropriately for the Clients benefit and comfort for his last few years of life.
