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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.

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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

    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

    Martin Terrell 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.

    How the consistency of a professional deputy can help someone with a brain injury

    P was 14 years old when, in 1998, he was involved in a road traffic accident. He made good progress in hospital as a result of intensive neurorehabilitation, but the cognitive, emotional and behavioural consequences of his acquired brain injury were considerable. 

    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

    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

    Martin Terrell and 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

    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.

    Meet the TS&P Deputyship team

    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.

    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?

    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.

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    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.

    Law firm says its growth is organic

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    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.

    Lasting power of attorney: Everything you need to know

    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.

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

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    Assessment of capacity & golden rule

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    Court of Protection expert witness statements

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

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  • Know How

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.

Newsletter Sign Up

General Private Client UpdatesGeneral Commercial UpdatesConstruction UpdatesCourt of Protection UpdatesAgriculture & Rural Affairs UpdatesCommercial Property UpdatesEmployment UpdatesDispute Resolution UpdatesCorporate & Commercial UpdatesCharities & Not for Profit UpdatesFood & Drink UpdatesEducation UpdatesTransport & Logistics UpdatesFamily Business & Owner Managed Businesses Updates

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to stop receiving these communications, you can do so ay any time using the following link: or emailing us at .

We respect your privacy, information you submit to us will be treated in accordance with our & .

"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

Always courteously received, explanations given to any queries raised.

Client

Explained the intricacies of legal matters in layman's terms, to my complete understanding

Client

Brian Bacon and Martin Terrell ‘together provide an excellent service to the most vulnerable.’

The Legal 500 2017

‘Incredibly efficient and knowledgeable and shows a real sense of passion about her work.’

The Legal 500 2017

Meet The Team

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