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  • Overview

    When an individual lacks the capacity to manage their financial affairs, they need someone to help them with important financial decisions. A Court of Protection lawyer can help a person to make decisions should they lack the ability to do so themselves due to learning difficulties, old age, mental health problems or due to the result of sustaining an acquired brain injury following an accident or medical negligence.

    You might need a Court of Protection lawyer if:

    • You want a family member, friend or lawyer to take over the management of your financial affairs either now or in the future
    • You are concerned about a loved one’s capacity to manage their affairs
    • You are responsible for managing someone’s financial affairs (as a deputy or because you have Power of Attorney)
    • You are concerned about the way someone’s affairs are being managed.

    We can put safeguards in place to ensure decisions are made in the best interests of a person who lacks capacity to manage their affairs.

    The Court of Protection makes decisions relating to the property, finances and welfare of people who lack mental capacity. The Court can delegate some of its authority by appointing a deputy.  A Court of Protection lawyer is an expert who can assist you with Court of Protection matters.

    Our specialist team of lawyers can help to:

    • Explain the options and guide you through the process
    • Help you apply to have a deputy appointed for a relative or friend
    • Act as a deputy for you or for a relative or friend who lacks capacity
    • Help existing deputies make applications (e.g. for gifts, wills and property transactions)
    • Offer practical legal advice to elderly clients
    • Prepare a Lasting Power of Attorney and advise donors and attorneys
    • Set up a personal injury trust
    • Act in contentious litigation situations e.g where an application is contested
    • Act as an expert witness for litigation lawyers when considering past and future professional costs.
       

    Why choose Thomson Snell & Passmore

    • We have one of the largest, dedicated teams of specialists in the country, offering an efficient, personal and tailored service of a quality that few firms undertaking this work are able to provide
    • The Legal 500 2015 awarded us 'Firm of the Year' for our specialist work. This prestigious, national award means a great deal to the team who, without the feedback or recommendation from our clients and peers, would not be able to celebrate this award
    • Eddie Fardell, Martin Terrell and Brian Bacon are highly regarded experts with over 50 years of experience between them. Eddie and Martin are both on the Court of Protection User Group and Martin is on the panel of external Deputies. All three regularly receive direct referrals from the Court and other professionals
    • We provide straightforward, practical advice and have the skills and experience to ensure that the right decisions are made. We liaise with family, friends and care professionals and handle each situation with sensitivity
    • We have particular experience in dealing with issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We work closely with our specialist Personal Injury and Clinical Negligence teams
    • We manage the affairs of many elderly clients who suffer from dementia.
       

    Further help and information on Court of Protection can be found here:

    www.gov.uk/court-of-protection

    Free initial consultation

    Call us on 01892 510000 to arrange a free initial consultation where our Court of Protection lawyers will clearly explain the options and the processes involved. Alternatively visit our contact us page for our two office locations providing solicitors in Tunbridge Wells and Dartford.

      

  • Related Client Stories

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    Client sustained a brain injury from road traffic accident

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    Brain injury & me

    This is the story, in his own words, of Mr A who was involved in a serious accident some years ago. On 15th July 2003 I was involved a road traffic accident that left me with a brain injury, lost, confused and unable to decipher what had happened to me.

  • Latest Updates

    What is the Court of Protection?

    One of the many services we offer for individuals is the Court of Protection.  Our leading team of expert lawyers has been protecting and safeguarding the welfare of clients for years.  Below we address some of the frequently asked questions of this department.  We also demonstrate how our other services work alongside this department for the benefit of our clients.

    Top 25 UK Law Firm

    We are pleased to receive, for another year, the accolade from eprivateclient of being listed as one of the Top 25 Law Firms in the UK.

    Frequently asked questions about the Rehabilitation Code

    We answer frequently asked questions regarding the Rehabilitation Code including it's purpose along with what the code states and how to code will help someone with a brain injury.

    Thomson Snell & Passmore’s nationally ranked Court of Protection team awarded The Legal 500 UK 2015 firm of the year

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded The Legal 500 UK 2015 firm of the year. 

    Nationally ranked Court of Protection team awarded The Legal 500 UK team of the year 2015

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

    Auto-enrolment for deputies - No opting out

    All professional deputies and attorneys are undoubtedly aware of the increasing complications that can arise when administering a client’s property and financial affairs.

    How surveillance in care homes affects you – the legal perspective

    The Care Quality Commission has recently released two guidance notes on the use of surveillance to monitor the delivery of health and social care services. This guidance follows the abuse scandal at Winterbourne View, which was exposed following covert filming by the BBC. Since the exposure, there has been much public debate about the use of surveillance in care homes and the moral, practical and legal implications of doing so.

    Making gifts on P’s behalf

    A property and affairs deputy will usually have authority to make gifts on P’s behalf. But the scope and extent of this authority is limited, and any proposed gift needs to be carefully considered. This is an issue we have dealt with on numerous occasions, and this article details the factors we consider when a gift is being contemplated.

    Auto-enrolment for deputies

    The appointment of a deputy under the Mental Capacity Act is a significant responsibility and a responsibility which continues to grow. All deputies who act as employer must now also be sure that the legislative obligations under the Pensions Act 2008 are fully considered and met.

    Case Update: Abuse of position by an Attorney

    Powers of Attorney are commonly used where a person (the ‘donor’) wants to appoint one or more others to assist in their decision making or to make decisions on their behalf. They are often utilised where the donor lacks the mental capacity to make decisions themselves, although this is not always the case. The attorney must act in the best interests of the donor and ensure that they are acting for the donor’s benefit, rather than their own, at all times.

    Neuropsychiatric aspects of traumatic brain injury: Past, Present & Future

    It has been reported that the number of people suffering from brain injuries related long term neuropsychiatric problems, following an accident, is increasing. Recent technological and scientific advances in brain injury science and the patient pathways means more people are surviving more serious brain injuries according to leading Neuropsychiatrist, Dr Niruj Agrawal.

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    Caring for elderly relatives from a distance: legal and practical steps

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    Thomson Snell & Passmore retains place on national panel and is shortlisted for prestigious STEP Private Client Award

    We are pleased to announce that Martin Terrell, a Partner in the Court of Protection Team, has been reappointed by the national Office of the Public Guardian to its new panel of deputies.

    Lasting power of attorney: Everything you need to know

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    Thomson Snell & Passmore’s bumper year in the Chambers UK rankings

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    Following settlement of a client’s litigation claim, consideration as to how best to invest their damages award is a priority.

    How technology is bringing us closer to our clients

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    Assessment of capacity & golden rule

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    Thomson Snell & Passmore’s Private Client team top ranked for fourth year in a row

    Leading South East law firm Thomson Snell & Passmore is delighted to announce today that the firm’s Private Client team has once again been included in Private Client Practitioner magazine’s “Top 25 Law Firms”. This is the fourth consecutive year that the team has been included in the highly regarded rankings.

    Thomson Snell & Passmore Retains Excellent Rankings

    Thomson Snell & Passmore has achieved outstanding rankings in this year’s Chambers & Partners – with an impressive 24 lawyers recognised as “leaders in their field” – four more than last year.

    Back to Basics - Court of Protection update

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    Thomson Snell & Passmore’s Private Client team top ranked for third year in a row

    Thomson Snell & Passmore today announces that the firm’s Private Client team has been named as one of the “Top 25 Law Firms” by Private Client Practitioner magazine for the third year in a row.

    Thomson Snell & Passmore’s leading Private Client Practice

    Thomson Snell & Passmore is delighted to announce that Private Client partners Jeremy Passmore and Simon Brown have both been recognised as a ‘Leading Lawyer – Prominent figure’ in the 2012 edition of the Citywealth Leaders List for the second year in a row.

    Thomson Snell & Passmore Top Law Firm in South East

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    Thomson Snell & Passmore Retains Excellent Rankings

    Leading South East law firm Thomson Snell & Passmore has achieved outstanding rankings in this year’s Chambers & Partners and has an impressive 20 lawyers recognised as ‘Leaders in their Field’ – retaining its position as one of the region’s leading law firms. Chambers & Partners is one of the foremost independent guides to the legal profession and this year Thomson Snell & Passmore has maintained its strong reputation across all its practice areas.

    Martin Terrell is appointed as new Court of Protection panel deputy

    Partner Martin Terrell has been appointed as new Court of Protection panel deputy.

    Thomson Snell & Passmore celebrates new book launch

    Martin Terrell and Nick Hobden celebrate the launch of the fourth edition of the Law Society’s Elderly Client Handbook, which Martin edited (in conjunction with Chief Executive and co-founder of Solicitors for the Elderly Caroline Bielanska) and Nick contributed to.

  • Know How

Get in touch

Brian Bacon is a 'very experienced practitioner who offers good-quality advice'.

Client

"His guidance and understanding of our day to day obstacles mean that we feel we are certainly in the right hands.”

Chambers UK 2015

Very strong and frequently used as expert witnesses in cases involving Court of Protection elements.

Chambers UK 2015

Very impressive: they understand the challenges our situation brings, and guide us in the right direction.

Chambers UK 2015

The ‘first-rate’ Thomson Snell & Passmore has a superb reputation for personal injury and clinical negligence damages cases. Martin Terrell is ‘outstanding’, and Eddie Fardell and Brian Bacon are also very highly rated. -

The Legal 500 2014

A heavyweight team. They do a brilliant job and have built up real expertise in this area.

Chambers UK 2015

Thomson Snell & Passmore has ‘a brilliant team’.

The Legal 500 2013

I cannot speak too highly of the care, attention and sympathy that I have received.

Client

I have always had a first-class and friendly contact at all levels with TS&P.

Client

The whole process was made very simple.

Client

Very sympathetic and understanding during a very difficult period of my life.

Client

Initial contact was made at a time of great stress and I was glad to 'hand over' some of my concerns to TS&P. Their expertise and consideration has been a comfort in a time of continual stress. Thank you.

Client

We were looking for the best and have never been disappointed.

Client

"They are very thoughtful, analytical and always seeking our best interests. They are very genuine, candid and so much in tune with our needs. They listen a lot to us, they work with us, make accurate decisions and hardly ever have any misunderstanding. We are bonded to the firm and we just love them. They respect us and we respect them. We feel honoured they manage our affairs." "They are first-class, very client-focused, and communication is excellent. They very much act in the best interests of their client and will go above and beyond to make sure their clients are well cared for. "

Chambers UK 2016

Brian Bacon "absolutely knows what he's doing, is refreshingly pragmatic and looks at the wider picture in acting for the person who lacks capacity," say sources. He is an experienced Court of Protection practitioner, deputy and litigator, and is also sometimes called upon to give expert evidence at trial.    

Chambers UK 2016

Edward Fardell heads the department and has a superb reputation for contentious property and affairs work, particularly in relation to clinical negligence and personal injury. He also acts as an expert witness and as a financial deputy. "He's just amazing," says one source, "the sort of deputy you'd want for all your clients. He will go above and beyond to facilitate their needs."    

Chambers UK 2016

Martin Terrell specialises in the more contentious side of financial Court of Protection work, but is also an experienced panel deputy. He is highly experienced and respected, with one source saying: "His textbook is the Bible in our office."  

Chambers UK 2016

Meet The Team

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