Court of Protection

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.

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.

Brain Injury Guide

Court of Protection expert witness service

LPA - information pack

LPA - the role of an attorney for health and welfare

LPA - the role of an attorney for property and finance

Lasting Power of Attorney (LPA) - fees

The Court of Protection and Statutory Wills

The Court of Protection and the Deputy

The Court of Protection and the Professional Deputy

Will and estate planning services