Client Guide: Court of Protection - Our services
Being a deputy appointed for a client of the Court of Protection is an onerous and important position. If you have been appointed or wish to be appointed as a deputy, you may require some help and guidance.
At Blake Morgan we have a team experienced in the handling of Court of Protection matters, who would be pleased to assist you with all aspects of the role.
What can we offer?
- Experienced partners willing to act as deputy where there is no family member available to do so.
- A wide range of support staff with a diversity of experience and skills to ensure that matters are dealt with quickly and professionally.
- Advice, assistance and guidance to the lay deputy at all stages, from the initial application to the day-to-day management of the client's affairs.
- Peace of mind.
On what areas can we advise?
Anything that may be of concern to the family and the deputy, but including:
- dealing with the appointment of a deputy in a full application
- selling the client's home and obtaining the Court Order
- applying for urgent or interim orders that may be relevant to a particular client's circumstances that cannot wait for the full application to be heard
- dealing with the administration of estates where either the executor or a beneficiary is a client of the Court of Protection
- applications for the removal of deputies where there is a concern regarding their ability to carry out their duties
- the general day-to-day administration including paying bills and maintaining assets, topping up the bank account where necessary, keeping in contact with the deputy and the family
- preparation of the annual accounts
- advising on the effects of benefits being received and checking that the client receives all the benefits that they are entitled to including making the necessary applications
- assisting the family and friends in choosing the appropriate care arrangements for a client
- advising and drafting Special Needs Trusts for clients who have received awards as a result of personal injury claims
- advising on the tax and benefit implications of such trusts and dealing with the day-to-day running of the trust. This will include dealing with tax affairs, looking at the client's needs and making sure that funds are available and preparing annual accounts
- negotiating forms of settlement with the Official Solicitor regarding clients who have received large awards from personal injury claims
- dealing with annual tax returns and paying tax liabilities for both Income and Capital Gains Tax and obtaining tax refunds where relevant
- looking at the client's Inheritance Tax position if relevant and making applications to the Court for authority to make gifts for tax planning reasons
- making applications to the Court for a Statutory Will and for gifts to be made by the client or by the donor of a registered enduring power of attorney (EPA) or lasting power of attorney (LPA). Also attending at Contested Hearings before the judge on such applications
- liaising with specialist investment advisers in connection with the investment of the client's funds and tailoring the investment portfolio to meet the client's individual needs
- registration of an EPA.
What are the benefits of instructing Blake Morgan?
- Experience and expertise
- The availability of professional deputies
- Friendly and sympathetic staff, who understand the nature of the problem
- Everything is dealt with under one roof, increasing efficiency and reducing costs
- Court appointed panel deputy