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I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

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  • Overview

    Court of Protection & Deputyship Lawyers 

    When an individual lacks the capacity to manage their financial affairs, they will need a Court of Protection lawyer to assist with important financial decisions. A Court of Protection lawyer can help a person to make these decisions, should they lack the ability to do so themselves. This may be 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
    • You are a personal injury and clinical negligence lawyer who needs an expert witness 

    Our team of highly qualified Court of Protection lawyers can put safeguards in place to ensure decisions are made in the best interests of a person who lacks capacity to manage their affairs. Thomson Snell & Passmore’s Court of Protection lawyers act with sensitivity and professionalism at all times.

    The Court of Protection makes decisions relating to the property, finances and welfare of people who lack mental capacity. The Court of Protection 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 Court of Protection lawyers can help to:

    • Explain the Court of Protection rules and options and guide you through the entire process
    • Help you apply to have a deputy appointed for a relative or friend
    • Act as a deputy for you, a relative or friend who lacks capacity
    • Help existing deputies make applications (e.g. for gifts, wills and property transactions)
    • Offer practical legal advice in your later life
    • 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 Court of Protection lawyers in the country. We offer an efficient, personal and tailored service of a quality that few firms undertaking this work are able to provide
    • Our team of highly regarded Court of Protection lawyers have many years of experience between us, and we regularly receive direct referrals from other solicitors, barristers and 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 a high level of care and sensitivity
    • We have particular experience in dealing with issues related to brain 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 with dementia


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

    If you need assistance with understanding Court of Protection rules, procedures or regulations, please refer to the helpful resources listed here:

    www.gov.uk/court-of-protection

    Please see our information sheets: The Court of Protection and the deputy and The Court of Protection and the professional deputy

    Get in touch

    Call us on 01892 510000 to arrange a no obligation meeting where our Court of Protection lawyers can come to you and will clearly explain the options and the processes involved. Alternatively visit our ‘contact us’ page for details of our two offices providing meeting locations in Tunbridge Wells and Dartford.

    Alternatively you can read our frequently asked questions on court of protection related legal matters here; FAQ - Court of Protection

     

     

                

  • Related Client Stories

    Protecting damages awarded to medical negligence client

    Compensation ring-fenced in a trust provides peace of mind and security for the long-term needs of successful personal injury claimant.

    Managing the finances of a later life client when they are in need of support

    We were approached by the local authority to consider acting as a financial deputy for Mrs E.  She had been living alone in her property and over the years had sadly become estranged from family and friends.  Just prior to our involvement she had suffered a fall at home, which led to a hospital admission.  It became clear that Mrs E was living with several overlapping mental health conditions and that she had been struggling to look after herself while living alone at home. 

    Chaotic finances hid financial abuse, theft and an un-administered estate

    By the time one of our team were appointed as our client’s deputy, their finances had fallen into disarray.

    Contested application to approve a Deed of Variation

    Before suffering from a stroke which took away their mental capacity, our client had been set to inherit under a Will.

    Cross-border deputyship (Ireland)

    Our client’s estate included valuable properties in both London and the Republic of Ireland.

    Deputyship client acquired mental capacity

    Our client suffered a severe brain injury at just a few months old, as the victim of a criminal attack.

    Expert witness evidence

    We were consulted by a firm of specialist personal injury litigation solicitors, to provide expert evidence on future Court of Protection costs for a client of theirs who had been injured at birth.

    Replacement of previous deputyship at the request of a dissatisfied family

    We act for A, who suffers from cerebral palsy as a result of clinical negligence at birth. Their personal injury lawyer had been appointed as their deputy.

    Client who sustained severe brain injury when on holiday in Europe as a child

    We act as Deputy for EF, who sustained catastrophic injuries, including a severe brain injury when on holiday in Europe as a child.

    Deputy for client who was the subject of welfare proceedings in the Court of Protection

    Our team was appointed as Deputy for CD while she was the subject of welfare proceedings in the Court of Protection.

    Client sustained a brain injury from road traffic accident

    Our client, AB, sustained a brain injury when he was involved in a road traffic accident. AB received a final damages award and we were appointed to mange AB’s finances on his behalf.

  • Latest Updates

    Looking ahead to 2022 for the Court of Protection

    With the end of the year fast approaching, it is a good opportunity to look ahead to see what changes we may expect in 2022 for those working within the Court of Protection and supporting  vulnerable clients.

    Dementia and Us, the BBC 2 documentary

    In October a new BBC two-part documentary ‘Dementia & Us’ aired. The documentary spends two years following the lives of four people of different ages who are all living with dementia. Currently, around 850,000 people in the UK have dementia, a statistic projected to rise to 1.6 million people by 2040.

    Autumn Budget 2021 – Social care

    One of the key points announced in the Chancellor’s budget today was that £4.8 billion would be spent on local government. 

    Autumn Budget 2021

    On the 27 October 201 Chancellor Rishi Sunak unveiled the contents of his Budget in the House of Commons, where he set out the government's tax and spending plans for the year ahead. He claimed that the economy is back on track, opening with “employment is up, investment is growing, public finances are stabilising and wages are rising”. It includes a range of announcements that impact on individuals and businesses. Here, experts from across our departments explore exactly what this means for you and your business.

    Property and finances: capacity matters

    The number of applications being made annually to the Court of Protection for the appointment of a property and financial affairs deputy has been steadily increasing since the implementation of the Mental Capacity Act in 2007. Similarly, we have also seen sustained growth for over a decade in the number of Lasting Powers of Attorney (LPAs) being registered annually with the Office of the Public Guardian.

    What are the proposed changes to the LPA process?

    The Government has announced plans to reform the lasting power of attorney service to make it safer, simpler and fit for the future through the use of digital technology. Here, our Court of Protection team looks at what this could mean and what safeguards will need to be put in place.

    Headway’s Action for Brain Injury Week: Reflecting on the past year

    We’ve never experienced anything quite like the past 16 months, have we? Our world has been turned upside down and we’ve all had to endure significant changes to our normal way of life.

    Court of Protection: Skewed benefit

    Louise Mathias-Williams explores a case where a windfall jeopardised the beneficiary’s living arrangements

    I suspect my sister abused our late mum's power of attorney to help herself to money in the bank accounts - what can I do?

    Louise Mathias-Williams from our Court of Protection team recently responded to a reader’s question about LPAs in This is Money.

    Best-interests best practice

    Brian Bacon and Louise Mathias-Williams recently wrote a piece for STEP Journal, looking at the role of the Court of Protection and best practice in this area.

    COVID-19: Supporting vulnerable people in managing their affairs – powers of attorney & deputyship

    Thomson Snell & Passmore is recognised as one of the UK’s Top Law Firms

    Thomson Snell & Passmore has been named as one of the Top Law Firms for its private wealth practice for the fifth consecutive year.

    Costs office ‘not a sausage-making machine’

    Court of Protection (CoP) work makes up the largest proportion of the 17,000 bills submitted annually to the Senior Courts Costs Office (SCCO). But assessing the 8,000 bills is ‘not a sausage-making machine’, says Master Peter Haworth. 

    Facts of life

    The Court of Protection (CoP) is determined to shake off the outdated image that it is the ‘most secretive court in Britain’ and engage in public debate on the most fundamental and emotionally charged issues of life and death and individual capacity.

    Cerebral palsy and how we can help

    6 October 2018 marks World Cerebral Palsy Day. It is more than just an awareness day, it is an opportunity to celebrate and affirm the lives of the 17 million people globally, living with cerebral palsy.

    What is a deputy?

    Louise Mathias-Williams from our Court of Protection team explains the role and responsibilities of a deputy.  

    FAQ: Court of Protection

    Our nationally ranked team of expert lawyers are frequently called upon to help and advise clients who have lost capacity.

    The Court of Protection and the deputy

    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.

    Aiming to enable

    Louise Mathias-Williams set out the lessons from the Public Guardian’s recent decision over severance applications.

    FAQ: Frequently asked questions from across the practice

    We regularly 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.

    Staffordshire County Council v SRK and others: implications for deputies and local authorities.

    The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK [2016] 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.

    What is the Court of Protection?

    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.

    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.

    Law firm says its growth is organic

    Local newspaper, Kentish Gazette (Canterbury) shares and insight into our organic growth. First published July 2015.

    Assessment of capacity & golden rule

    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.

  • Insights

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get in touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Efficient, highly competent, experienced and knowledgeable team.

The Legal 500 2019

Their experience in court is so vast that it's unlikely they haven't met a situation before.

Chambers UK 2019

"They are experienced, responsive, sensitive and supportive."

Chambers UK 2019

The clear identification of specialisms within the firm allows more ready identification of the specialist most suited to the legal advice required by clients.

The Legal 500 2020

It is quite a big firm, but operates as a cohesive and very professional team. The visitor feels welcome and well looked after from moment of entry.

The Legal 500 2020

One of the best firms I work with - they are clear in their instruction and handling of cases, are very professional and efficient, and work hard for their clients and achieve very good results.

Chambers UK 2020

A calm, considered and unflappable approach, old school in the very positive meaning of the phrase. The opposite of fly-by-night short-termists, solid, trustworthy, personal and a significant cut above the others because of this. Clients and professionals are served by the company, not the other way around, just as it should be.

Legal 500 2021

The firm has a really brilliant Court of Protection team that I always recommend as a first choice. Brian Bacon has taken over the team from Eddie Fardell who built up this brilliant team and has maintained the excellent standard.

The Legal 500 2022

Thomson Snell & Passmore took over the deputyship of my son’s award in December 2019. The lawyers have made big strides in improving my son’s quality of life, whether it be from directly employing carers to helping him achieve the project of a hydro-therapy pool. Their communication skills are excellent. They are kind, knowledgeable, very approachable and nothing seems too much trouble. They are quick to respond and act accordingly. Catherine Fuller is my son’s deputy.  She is  kind, patient, very knowledgeable and supportive, listens to any concerns, and makes one feel part of the team. I would happily recommend to others.

The Legal 500 2022

The service of Thomson Snell & Passmore is like a breath of fresh air; their communication skills are excellent, they are very approachable, and quick to respond and act accordingly.

Chambers UK 2022

The team are a safe pair of hands: very client-centric, pragmatic and good at balancing needs.

Chambers UK 2022

Meet The Team

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