The Court of Protection is a Superior Court of Record which has the authority to make decisions on behalf of a person who lacks capacity to make those decisions themself.
Martin Terrell and Louise Mathias-Williams set out the lessons from the Public Guardian’s recent decision over severance applications.
Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.
Our Court of Protection team represent over 285 clients where a partner, partners or the Thomson Snell & Passmore Trust Corporation Ltd acts as Deputy. We have conservatively estimated £215 million of assets under the deputies’ control, excluding periodical payments estimated at £7 million each year. Find out more about who we help and how.
The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK  EWCOP 27 has impacted on the practices and responsibilities of professional Deputies in cases where there is a substantial and privately funded care regime. This article addresses the key facts and the impact this will have on deputies and the Court.
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.
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.
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.
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.
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.
All professional deputies and attorneys are undoubtedly aware of the increasing complications that can arise when administering a client’s property and financial affairs.
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.
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.
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.
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.
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.
Local newspaper, Kentish Gazette (Canterbury) shares and insight into our organic growth. First published July 2015.
In an increasingly competitive and international economy, it is more and more usual to seek new opportunities abroad. However, the lure of exciting new prospects will invariably weigh against concern for those left behind – not just friends and familiar faces, but parents and other relatives. While it may no longer be possible to call in and check up on elderly parents, there are steps that can be taken to give them the support they need and their far-flung children the reassurance they need.
Most of us take it for granted that we will go on being able to manage our finances for the rest of our lives, at which point it will be for our executors (assuming there is a will in place) to take over.
Leading South East law firm Thomson Snell & Passmore is pleased to announce its excellent rankings in the new Chambers UK guide, published last week.
Following settlement of a client’s litigation claim, consideration as to how best to invest their damages award is a priority.
In these days of instant communication it is not necessary for the client and Deputy to be geographically close to each other.
The issue of making a will is seen by many as perhaps ‘tempting fate’, and it is a well used, but nonetheless stark, statistic that only around one third of our adult population have made a will.
Professional fees and disbursements associated with deputyship cases can have a significant impact on personal injury and clinical negligence injury claims.
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.