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Get in touch

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  • Overview

    When should you make an application to the Court of Protection?

    If you are acting as a Court of Protection deputy or have Power of Attorney for someone else, you may want to consider making important decisions on their behalf such as::

    • Making a will
    • Making a major lifetime gift
    • Withdrawing a large one-off sum (e.g. for the purchase of a property)
    • Increasing an annual withdrawal limit, set in a deputyship order.
       

    The Court of Protection exists to safeguard the property, financial affairs and welfare of those who lack capacity to make decisions for themselves, and only the Court of Protection can authorise certain decisions. Many factors influence the Court’s decision and need to be taken into account when preparing an application: the interests of the person who lacks capacity is paramount; other people can be affected and may not agree to what is proposed and complex issues of trust and tax law are often involved.

    How our Court of Protection lawyers can help with applications to the Court of Protection

    We are able to assist deputies and attorneys by:

    • Making applications for gifts, wills, and settlements
    • Navigating the complexities of the Mental Capacity Act 2005 and Court of Protection Rules
    • Assisting with arrangements for assessment of capacity
    • Preparing the Court of Protection forms
    • Advising on applications or responding to applications
    • Acting on behalf of someone who lacks capacity to conduct court proceedings (i.e. as their “litigation friend”)
    • Making applications for the replacement of trustees who lack capacity, including where property is owned jointly.
       

    Our Court of Protection expertise

    • We have one of the largest specialist teams of Court of Protection solicitors, in the country, offering a rare combination of expertise and resources to deal with anything from a simple application to complex litigation
    • We are highly regarded experts, with many years of experience between us and we often receive direct referrals from solicitors, barristers and other professionals. We are appointed as deputies in over 240 cases
    • Our specialist Court of Protection lawyers give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the person in their later life
    • We understand how the jurisdiction works and know when to compromise, fight or walk away. Where necessary, we work with leading barristers in this area and have been involved in some of the most difficult decisions made by the Court of Protection
    • We have particular experience in dealing with Court of Protection issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We also manage the affairs of many elderly clients with dementia.

    Further help

    www.gov.uk/court-tribunal/court-of-protection

    Please see our information sheets: The Court of Protection and the deputy, The Court of Protection and the professional deputy and Elderly and Vulnerable Clients

    Contact us

    Call us on 01892 510000 to arrange an initial no obligation consultation.  We’ll clearly explain the options and the processes involved with the wills, gifts and other Court of Protection applications.

     

        

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    We advised the executors of a complex estate containing assets worth over £25million and we were able to reduce the inheritance tax bill by over £500,000.

  • Latest Updates

    Is the witnessing of wills via video here to stay?

    The Ministry of Justice has said the extension will give vulnerable clients ‘peace of mind’ that their wills will be validly executed and reassure those who will need to use the provision to ensure their wishes are legally recognised.  

    ‘Tis the season to estate plan

    Now is the ideal time to look at estate and tax planning. Nicola Plant, our head of Private Client, explains why in this piece.

    FAQ: Wills

    Below are some frequently asked questions (FAQs) about making a will. Although these FAQs highlight some key issues relating to wills, they are not comprehensive and the answers should not be treated as a substitute for seeking professional advice on a specific issue. Civil partners and registered civil partnerships are included in all references to husbands, wives and marriage.

    The importance of correctly naming charities when leaving legacy gifts

    A recent High Court judgement has highlighted the importance of ensuring that great care and attention to detail is taken when drawing up a will which includes legacy gifts to charities, as this article explores.

    Capacity - what is it and how it can affect you or your family

    Capacity is the ability to make a decision for oneself.

    Useful reminders for creating/updating your will or LPA

    Budget 2020 - changes to ER; gift while you still can

    Budget 2020 saw amendments to Entrepreneurs' Relief (ER), which were widely expected. ER reduces the rate of capital gains tax (CGT) on disposals of certain business assets from 20% to 10%, subject to a lifetime limit. Before the Budget the lifetime limit

    I'm in my 20s. Why do I need a will?

    Any lawyer will tell you that it is always sensible to have a will.

    Law Commission’s consultation on the law of wills

    Thomson Snell & Passmore has responded to the Law Commission’s consultation on the law of wills.

    FAQ: Tax Planning

    Q. We want to help our 20 year old daughter buy her first flat, but we’re worried about putting such a valuable asset directly in her name. Is there anything we can do to protect the property until she’s a bit older?

    Representing an adult who has cognitive deficits following a road traffic accident when they were six

    P was involved in a road traffic accident in 2001 when she was just six years old.  As a result of the accident, P suffered a severe brain injury. P made a remarkable recovery from her injuries, but has been left with some cognitive deficits.  She struggles with organisation, budgeting and planning.  She can be very impulsive and disinhibited.  She also suffers from fatigue.

    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.

    Bank of Mum and Dad – how to protect your wealth

    It is increasingly difficult to save for a deposit whilst paying rent and outgoings on a rented property. Lenders are now far more cautious about how much they will lend and who they will lend it to. As a result parents are regularly stepping in to help out their children to purchase a property.

    Are trusts the new pre-nups for wealthy families?

    Desmond O'Donnell, senior associate from our family department speak with Spear's about pre-nuptial agreements for wealthy families.

    Giving away shares in the family company

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    FAQ: Family

    Top 25 UK Law Firm

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    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.

  • 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.

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