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Expert advice from Court of Protection lawyers and professional deputies

The Court of Protection helps people who do not have the mental capacity to manage their own affairs. It has the power to make decisions for people about their property and financial affairs, or regarding their health and welfare, ensuring that their best interests are always met.

The Court can also give these powers to someone else, like a relative or close friend, who can manage their loved one’s affairs, normally on a long-term basis. If the Court gives these powers to someone else, they are called a deputy.

Our team of experienced Court of Protection lawyers can advise and assist in these areas, by supporting families in applications to the Court of Protection and by acting on behalf of people who lack capacity.

Based in Lincolnshire and Yorkshire, but acting for clients all over England and Wales, we specialise in advising families and people who lack capacity on a wide range of issues, including :

  • Advice on a Court of Protection application
  • Setting up Lasting Powers of Attorney
  • Keeping records and submitting annual reports to the Office of the Public Guardian
  • Acting as a professional deputy
  • Manage large compensation awards on your behalf
  • Day-to-day management of your affairs.

Your first consultation is free, no matter how long it takes, so that we can get to understand your situation.

This is a specialised area of law and the experience of our team, combined with specialist expertise in the intricacies of managing the interests of our clients, means we will give you or your family the best possible strategy for pursuing and protecting your interests.

We work with many leading charities and people in brain injury and catastrophic injury rehabilitation.  Accredited by the leading charity Headway UK as a gold standard. Over decades, we have built up the most amazing network of trusted case managers, occupational therapists, physiotherapists, and neuropsychologists, so you can get access to the support you need. When you need it.

The types of Court of Protection and Deputyship work we can help you with

Court of Protection applications and advice

We can help your family on all manner of Court of Protection issues you may have:

  • Firstly, we can advise you on whether an application to the Court of Protection is necessary
  • We work you if you have capacity issues and can set up Lasting Powers of Attorney to manage your finances or health and welfare wishes
  • If a Court of Protection application is necessary, we will prepare your application and advise your deputy on their powers and duties once they have been appointed. We will also assist you with ongoing issues such as keeping clear records of decisions and preparing annual reports to the Office of the Public Guardian who are responsible for supervising deputies
  • We act as professional deputies in appropriate cases. This includes managing large compensation awards as professional deputies or trustees of personal injury trusts
  • Making other applications to the Court of Protection to include applications for statutory wills, gifts, loans and for the appointment of new trustees to sell jointly owned property.

Our role as professional deputies

If you appoint us as your deputy, this is the type of work we will do for you:

  • Making all Court of Protection applications, to include deputyship applications, applications for authority to buy and sell property, authority to set up AIM investments, authority to make gifts or loans and statutory will applications

  • Day to day management of your financial affairs to include managing bank accounts and investments, seeking appropriate advice; paying bills, ensuring that your financial needs are met and agreeing a budget for day to day living expenses

  • Completing annual deputy reports and dealing with any queries raised by the Office of the Public Guardian, attending visits from the Office of the Public Guardian and Court of Protection

  • Claiming benefits and all other income, ensuring that clients are claiming all that they are entitled to.

  • Arranging annual visits to see clients to ensure that their needs are being met and funded appropriately

  • Dealing with annual tax returns

  • Making decisions regarding significant capital expenditure within the constraints of the deputy order to include selling and buying properties and arranging adaptations

  • Close liaison with case managers, occupational therapists, physiotherapists, and neuropsychologists, attending regular multi-disciplinary team meetings to ensure that our clients’ therapeutic needs and best interests are met.

  • Close liaison with claims lawyers where claims are ongoing, preparing schedules of expenditure and ensuring that these are duly updated within the claim, attending round table meetings/joint settlement meetings

  • Ensuring annual periodical payments are received and providing proof of life statements where required.

Examples of some of our Court of Protection work

Examples of some of our ongoing Court of Protection and deputyship work:

  • Managing a seven-figure award of compensation  for a client which has involved sourcing and purchasing a property, arranging adaptations, dealing with ongoing care and support, arranging for funds to be invested, closely working with architects, case managers, occupational therapists, physiotherapists, speech and language therapists and financial advisors
  • Managing  an award for a younger person who received a seven-figure lump sum with periodical payments increasing six-figure sum that increased every year. This included purchasing and adapting a property, liaising with family and the case manager to ensure that the client’s care needs are met. A statutory will application is to be made.
  • Managing claims for clients whose personal injury claims are ongoing, working closely with our team of personal injury lawyers to ensure that our clients’ needs and best interests are met, liaising closely with their rehabilitation team to ensure that any therapeutic input is maximised.

How we work

Everything we talk about throughout the time we spend working together with you or your family will always be totally confidential.

Whatever your reason for consulting us, our first step is always to listen carefully to ensure that we understand the issues and to provide advice and assistance in reaching the most desirable outcome for everyone.

Using our knowledge and experience, our aim will be to provide you and your family with a range of options, with a detailed overview of the likely process, outcomes, timescales and costs.  The recommendations we make will always be specific to your set of personal circumstances.

Our team

Ranked in legal directories as among the best teams in our area, we have years’ experience in supporting families and individuals to secure the best possible outcome for them. We work closely with our colleagues in our Serious Injury team who have successfully recovered millions of pounds in compensation for people with a  brain injury and those who have sustained life-long injuries from a catastrophic event that was proven to be just not their fault.

The team is led by Lisa Gray, a professional deputy and expert in Court of Protection. She is a full member of the Society of Trusts and Estates Practitioners (STEP).

We pride ourselves on our technical expertise in this area of law and always work with you to achieve pragmatic and cost-effective solutions.

Our fees and costs

The amount fixed by the Court of Protection for making an application for a deputyship order is £950.00 plus VAT. Our charges will be carried out on an hourly basis and applications for deputyship orders inevitably exceed this figure, due to a variety of factors. A straightforward matter can typically cost between £1,500.00 and £2,000.00 plus VAT.  The Court application fee payable is £365.00 (July 2021).

If we are appointed to act as professional deputies, there will be fees payable for the ongoing general management of the person’s financial affairs. The Court of Protection’s fixed costs for the general management costs in the first year amount to £1,670.00 plus VAT. However, these costs are inevitably exceeded and would be charged at our hourly rates, subject to the detailed assessment of the the Senior Court Costs Office (July 2021).

What our clients say about us

Due to the long-running nature of this work, and the after-care and support we provide to some of our clients who have endured the most-life changing effects, we form a great bond. We fiercely guard the privacy of all of the people, families and carers that we have worked for. That said, we have permission to share some of their feedback:

  • “I want to thank you Lisa for acting so quickly on this and being so supportive and understanding about this person’s difficulties, not all deputies are as sensitive”.
  • “I and my team have worked with Lisa for over 15 years and she has always been approachable and helpful and put client’s needs first. Lisa has a very good knowledge of neurological injuries and how they impact on clients and their families lives. She has empathy in difficult situations and, whilst she is professional at all times, she really does care about her clients (and also the Case Managers she is working with).  Lisa always responds to emails and telephone calls quickly and she promotes a real sense of teamwork between herself, client’s and case managers. She is very supportive of everyone.  I would not hesitate to recommend Lisa to clients.”
  • “As a case manager, I have worked with several Financial Deputies over the years and it is my experience that Lisa delivers an incomparable service.  Lisa whole-heartedly puts the client’s needs and best interests at the centre of her practice.  She establishes highly effective working relationships with her clients and all professionals involved in the client’s care and rehabilitation, is very approachable and quick to respond to queries or requests for information.  She works collaboratively with all rehab team members and is well respected for her supportive, friendly, professional manner, her efficiency and her ability to remain calm and considered in challenging circumstances”.

Lincoln

Lincoln Solicitor for Eldery - Lisa Gray, Chartered Legal Executive, Senior Associate

Lisa Gray

Chartered Legal Executive, Senior Associate

01522 508 848

07972 925 498

Langleys will only use the information you provide to contact you in relation to your enquiry.

Lincoln

Kate Mawer Solicitor for the Elderly Langleys Solicitors

Kate Mawer

Solicitor

01522 508 881

Langleys will only use the information you provide to contact you in relation to your enquiry.

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