Are you concerned about your client’s mental capacity? If so this will need to be addressed carefully to ensure that the instructions you receive from them or their representative are valid. We can help with advice on the assessment of capacity, Lasting Powers of Attorney and Property and Affairs Deputyship.
If you are acting for a client who lacks capacity are you satisfied that the person representing them has the authority to do so?
If they are using an old Court of Protection order which refers to a Receiver this will no longer be valid. The person appointed to that role will need to make an application to the court to become a property and affairs Deputy – we can assist with this or any other applications that may be needed.
If you are taking instructions from an Attorney should the power be registered with the Office of the Public Guardian?
The power you are presented with may not be valid unless it has been registered with the Office of the Public Guardian.
Is your client receiving care other than in a hospital or other NHS setting including care at home?
If so they may be entitled to financial support to assist with their care funding. We can undertake a review of their statutory entitlement. They may be eligible for more assistance than they realise. People are frequently told that they will not qualify for funding when they do have an entitlement – that advice is often given by the funding body or their agent particularly in the case of NHS continuing health care funding.
Does your client have a current or past mental health need which has involved a stay in a mental health unit or hospital under a Section of the Mental Health Act?
If so and they are still receiving care and support outside of an NHS setting, they may, irrespective of their financial status, be entitled to receive funding for that care. This entitlement may be without any cost to them and irrespective of their personal financial circumstances.
We can review your clients entitlements to statutory funding. We have recovered significant sums of money for clients who have been inappropriately charged for their care.
Personal Injury Trusts - Preserving your clients wealth and protecting their future
Has your client suffered a personal injury for which they have received or are about to receive compensation?
Those in receipt of personal injury awards can continue to receive means-tested benefits and in some cases, Local Authority care funding even if they receive a large award. We can advise on how best to secure or maintain this financial provision for them.
In some cases financial protection and security can be achieved by the use of a Personal Injury Trust, we can talk to your clients about the advantages and disadvantages of a trust depending on their personal circumstances. These trusts are suitable for people who have been injured but retain mental capacity.
If your client receives a large compensation award they may decide not to claim state benefits, but their situation could change over time. The circumstances of a client not currently in need of, or entitled to benefits or care, may change and their condition could deteriorate. A personal injury trust can preserve your clients right to the benefits they may wish to claim in the future.
Click here to find out more about Personal Injury Trusts
Wills and Tax Planning for clients who lack capacity
Has your client lost capacity and do they have a Will that is out of date? Perhaps they have no Will at all?
It is possible to apply to the Court of Protection to make a Statutory Will on their behalf. This may be particularly important if the intestacy rules are inadequate for their circumstances or an existing Will will result in an inappropriate distribution of their estate, one which they would not have wanted if capable of doing something about it.
If your client lacks capacity they may still benefit from tax planning involving gifts out of their estate.
We can assist with an application to the Court of Protection to authorise the making of a Will and gifts.
Court of Protection matters
Do any of your clients act as a Deputy?
Are they struggling with specific issues such as preparing their annual report to the Office of the Public Guardian, renewing their court order, etc. If so we can assist them on a bespoke basis.
We are able to act as a Court of Protection Deputy for property and affairs and have a vast amount of knowledge and experience in this field. Our service is bespoke and tailored to your clients needs. They will have a named lawyer contact and a small support team dedicated to dealing with their deputyship. We pride ourselves on our accessibility and direct contact details are always provided.
Click here to learn more about our Court of Protection and Deputyship services.