Court Of Protection Solicitors

The Court of Protection exists to provide help to people who lack the mental capacity to make their own decisions concerning their welfare, health, property and finances. JCP Solicitors offers a regionally renowned, dedicated service covering all aspects of this specialist area of law.

Mental incapacity can arise as the result of a brain injury, or can be associated with disease or illness. It is not limited to any particular age group; it may be temporary or permanent, and the extent and effects will vary from person to person.

The Court of Protection is able to allocate its powers to another person if a need exists for decisions to be made ongoing into the future. The person who is allocated these powers is referred to as a Deputy.

The role of the specialist court of protection team at JCP

At JCP Solicitors we have a specialist team dedicated to taking care of clients who have found themselves under the protection of the Court. Led by Director and Professional Deputy Lynne Morgan, a regionally respected expert in the field of traumatic brain injury claims and the Court of Protection, the team of 11 includes a further Director, Solicitor, Legal Advisors and Legal Assistants.

A wide variety of reasons have brought JCP's Court of Protection clients under the personal care of our team. We have a strong reputation across South and West Wales in the field of catastrophic injury and regularly continue relationships with clients for whom we have achieved compensation, ensuring that the money they have received is put to best use. Our core aim is to enable our clients to live as full a life as possible after their accident.

In addition, we take care of many clients who have lost mental capacity through dementia, illness or disease. Currently, our full-time Court of Protection specialists are trusted to act on an ongoing basis for a substantial number of clients whose total combined assets amount to circa £110 million.

How can we help you?

You may be seeking help for a loved one on a day to day basis so you can be reassured that everything is in place concerning their finances and welfare; it may be you need guidance in making your own deputyship application so you can take care of their needs yourself. Perhaps you have been asked to organise a test to determine mental capacity. Our Court of Protection team is able to assist in all of these areas:

Full deputy service

JCP Director Lynne Morgan is a Court of Protection appointed Professional Deputy. Together with her team, Lynne takes responsibility for providing day to day support to those who have found themselves in a vulnerable position unable to manage their own affairs; making important decisions on their behalf and ensuring they have everything they need to live the best life possible.

The role of a Deputy of the Court of Protection is extensive and varied. If you consider the extent of what you need to do each day or month in order to manage your affairs, then this will give you an idea of the involvement of a Deputy.

At JCP Solicitors, our dedicated, full-time specialist team of experts manage the day to day affairs of around 70 clients. Some of the important arrangements they take care of include:

• Safeguarding and putting to best use any compensation awarded
• Purchase and sale of property, vehicles, etc.
• Arranging the adaptation of a house to suit particular needs
• Arranging care and medical provision
• Payment of mortgage and bills on time
• Allocation of monthly allowance
• Leasing with experts and making decisions regarding investments and pensions
• Tax returns and other official documentation required by the Court of Protection

Legal assistance service

If you are acting as Deputy for a loved one but, like many, are finding some of the responsibilities and decisions something of a challenge, help is at hand in the form of our Legal Assistance Service.

Services are offered on a flexible basis by our expert team of Legal Assistants. We work on an hourly rate structure and are available whenever you need us. So for example, you may be able to deal with the regular day to day payments in and out, but perhaps need added assistance for more in-depth transactions, such as selling a property or purchasing a specially adapted home so that your loved one can leave hospital and be reunited with the family.

Thanks to our longstanding relationships with a wide network of care providers, medical experts, charities and other professionals, we are able to provide access to an extensive help framework, providing support at a level that would perhaps not be ordinarily available if you were handling everything on your own.

Personal injury trusts

When compensation is awarded following an accident, it is intended to provide financial assistance for things such as care or medical provision; the replacement of lost income so that bills can continue to be paid or to purchase or convert a home that is specially adapted. It is certainly not a ‘windfall’. Unfortunately, a compensation payout can sometimes render the recipient ineligible for certain means-tested state benefits such as housing benefits and income support.

Thankfully there is a possible way to prevent compensation from being taken into account when assessing eligibility for benefits. A Personal Injury Trust allows money to be placed in a special trust account with a bank or building society. The money can only be accessed by appointed trustees and the recipient is able to maintain up to £6,000 by way of an allowance before any benefits are affected.

The trust specialists at JCP offer expert guidance on Personal Injury Trusts including assessing whether a trust is the right option; drawing up trust documents and taking care of the administration side such as tax returns and accounts. We are committed to helping our clients safeguard their finances and ensure the money they have been awarded can be used for its intended purpose.

Determining mental capacity

If you have been asked to organise a mental capacity assessment, it is likely you are currently trying to make arrangements for a loved one concerning their care and financial decisions. The law surrounding mental capacity is complex, and it is of great benefit to have the right expertise on your side. Our specialists are able to provide guidance at every stage, including in situations where capacity has been disputed by the likes of social services or health care providers.

A formal mental capacity assessment must be carried out by a relevant professional who will follow the five main principles of the Mental Capacity Act and the Code of Practice. This will allow them to determine whether a person is able to make their own decisions. The results of the assessment will clarify the appropriate course of action, whether that is appointing a Full Deputy through the Court of Protection or setting up a Lasting Power of Attorney and/or a Personal Injury Trust.

JCP’s experts will make all the arrangements for the assessment directly with the appropriate professionals. Costs start from £200 +VAT depending on the complexity of the circumstances. This is paid directly to the professionals involved. Our role is to oversee the assessment and ensure its compliance with the Mental Capacity Act and associated Code of Practice. We do not take any additional payment for this element of our service.

Lasting powers of attorney

Making our own financial and welfare decisions and dealing with our own day to day responsibilities is something we all take for granted. The thought of not being able to do so is something we rarely consider. However, mental capacity can be lost unexpectedly, which can and does raise issues both for ourselves and our loved ones. It is therefore vital to plan ahead so that everything runs smoothly should such an unfortunate situation arise.

A Lasting Power of Attorney (LPA) puts you in the position of choosing who will look after your affairs should you become unable to do so yourself. This person – your ‘attorney’ – can be anyone you trust, such as a relative, friend or professional. They will have the authority to take care of your property and financial decisions and/or your health and welfare.

Unfortunately, many people fail to make an LPA when they are fit and well and able to do so. An LPA can only be made whilst there is sufficient mental capacity. If a loved one loses capacity and there is no LPA in place, your only option will be to apply to the Court of Protection to be appointed Deputy, which is a long and expensive process. This is precisely why at JCP we believe that preparing an LPA is equally as important as making a Will. As well as allowing you to maintain control over who makes decisions on your behalf, it can provide stability and reassurance for your loved ones.

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To speak to our expert Court of Protection Solicitors in South Wales, please contact your local JCP Solicitors office. We have offices in the following locations:

• Swansea
• Cardiff
• Caerphilly
• Carmarthen
• Cowbridge
• Haverfordwest
• St Davids 

If there is not a local office to you, contact us on 03333 208644 as we are happy to arrange telephone and video meetings where appropriate. Alternatively, please feel free to email us at hello@jcpsolicitors.co.uk, fill in our online enquiry form, or use our live web chat facility.