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Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Professional Deputyships for Court of Protection.
If someone loses the mental capacity to manage their own financial affairs and a Power of Attorney is in place, the appointed attorneys will be able to manage things as planned.
However, if a Power of Attorney is not in place, an application needs to be made to the Court of Protection under the Mental Capacity Act 2005 to appoint a Property and Affairs Deputy.
Once appointed, the deputy is responsible for managing the person’s financial affairs and is subject to supervision by the Office of the Public Guardian (OPG). Since December 2014, the OPG is undertaking closer supervision of deputies, whose duties are likely to include:
- Managing tax affairs
- Producing annual accounts for the OPG
- Liaising and preparing an inventory for the OPG
- Identifying welfare benefit eligibility
- Property insurance and maintenance
- Appropriate investment of funds
- Selling or letting property
Sometimes there is no-one suitable or willing to take on the role of deputy, which is a big responsibility and not always something that a family member feels able to do for various reasons.
If there is a dispute in the family about who should become Deputy, or if nobody is willing or suitable to act as Deputy, then an independent Professional Deputy may be designated.
Likewise, should it be necessary to put a substantial care package in place or if there is a large estate to manage, then it would be more suitable for an experienced professional to be appointed.
Get in touch with us today and speak to one of our expert solicitors. We will advise you on the best way we can serve as a Professional Deputy.
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From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
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Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
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I was clearly informed of progress step by step. The service you provided was very good.
Peter Weston
Shrewsbury
All work carried out effectively and efficiently.
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An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
Eric
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From start to finish we had excellent service. Friendly, approachable and professional.
Carl Gittins
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Very clear, concise advice and guidance, easy to understand.
Ian Jamieson
Telford
Good service provided throughout with clear communication throughout with all options explored.
Lee
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Heather
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Responsive, supportive, approachable, clear and empathetic.
Lisa Thacker
Professional and prompt communication. Supportive and client focused.
Lisa Thacker
Jennifer M Whittall Ltd
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Lee Mortimer
UK Case Management
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Mark Bowkett
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Smooth and efficient service from very professional firm.
Tim
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We were particularly impressed with the quality of work, the speed and excellent communication.
Allenby Douglas Ltd
Oswestry
Very friendly and approachable. Very good advice
Ivor Brown
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Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
Paul Rowe
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Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.
Mr N J & Dr S J Browne
Llanfyllin
Our Professional Deputyship Service
At Lanyon Bowdler Solicitors, we have a specialist team of experts managing the daily affairs of a number of clients.
Some of the arrangements our team take care of include:
- Handling Court of Protection applications
- Managing funds
- Employing care staff
- Managing insurance policies
- Managing benefits applications and payments
- Managing all financial commitments including mortgage, utility bills and tax
- Ensuring a will is in place
- The purchase and sale of property and other assets
- Safeguarding and making best use of any compensation which may have been awarded
- Allocation of monthly allowance
- Handling the adaptation of a house to accommodate for any specific needs
- Liaising with experts and making decisions regarding investments and pensions
The level of involvement a Professional Deputy has in the client’s life depends on the unique circumstances of each person. Deputies can take care of all matters on a day to day basis or they can be involved in the more complex decisions such as employing carers and investing funds.
The partners at Lanyon Bowdler have years of experience of acting as deputies in all sorts of situations involving the Court of Protection. We act in a wide variety of cases, from looking after the affairs of those who have sustained a traumatic brain injury, to older people in care, as well as the very young, who may have acquired a brain injury at birth.
We are specialists in Court of Protection law and understand that cases can be highly sensitive and sometimes distressing for everyone involved.
Our supportive, friendly approach means we are there for our clients not only during the legal process but for life.
Contact Lanyon Bowdler
Please give us a call for a friendly, confidential, chat about how our court of protection solicitors can help. There is no obligation or charge for our initial assessment. Please contact a member of the team or complete our online enquiry form on the righthand side of this page.
By choosing Lanyon Bowdler as your legal partner, you can rest assured that you have the best legal expertise on hand to help if you require judgement by the Court of Protection. We are committed to providing exceptional levels of client care and will work closely with you and tirelessly to ensure the best outcomes no matter what you face. Our team has many years of experience in all Court of Protection matters including where Personal Injury Trusts are set up following settlements of serious injury claims, including brain injury claims
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands and Birmingham. As a leading full-service law firm, we can represent you wherever you live in England or Wales.
For more information and advice, please call Neil Davies, Head of Court of Protection, or a member of the team.
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Knowledge
Case studies.
Case Study
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Knowledge
Latest knowledge.
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The Roles of Professional Deputies and the Court of Protection: Matte Brasenell and Toni Reeves
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Case Study
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Podcast
Neil and Edward Rip Into & Expose the New Powers of Attorney Act
Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
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Review of World Alzheimer’s Month 2023
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