Our Court of Protection Services

Across South and West Wales, the JCP Court of Protection Team has successfully cemented its reputation as respected experts in this specialist area of law.

JCP Solicitors offers an extensive variety of specialist skills across a range of legal disciplines. From conveyancing, employment law and family law to expertise in regular and statutory wills and lasting powers of attorney, this exclusive blend of knowledge, combined with 25 years of experience as specialists in catastrophic injury claims and dispute resolution, perfectly complements the work undertaken by our dedicated Court of Protection team.

Thanks to our strong links with the local brain injury community, which includes a number of charities and renowned medical experts, we are able to connect our clients with a vast help network. With unrivalled access to such a strong framework of guidance, and care, JCP clients and their loved ones are able to rest assured of the very best possible support when they need it most.

How can we help you and your loved one?

Our team offers a range of services in connection with the Court of Protection and mental capacity, all of which are detailed below. Should you wish to speak personally with one of the friendly experts on our team, all you need to do is pick up the phone or drop us a line. Just let us know how we can help.

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

Get in touch to find out more about our Full Deputy Service.

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.

Get in touch to find out more about our Legal Assistance Service.

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.

Get in touch to find out more about Personal Injury Trusts.

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 plus 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.

Get in touch to find out more about how we can help with mental capacity assessments.

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.

Get in touch to find out more about Lasting Powers of Attorney.