The Court of Protection is a court in England & Wales that can make decisions in relation to financial, or welfare matters on behalf of people who cannot make their own decisions. A Deputy is someone appointed by the Court of Protection to act on behalf of a person who cannot make their own decisions (they are said to lack mental capacity and are known as ‘P’). The Court can also decide whether a person lacks mental capacity or not.
Our solicitors have extensive experience in obtaining Deputyship orders as well as acting on behalf of lay Deputies providing them with advice and assistance in respect of their legal, administrative and financial duties throughout the lifetime of their appointment. Our solicitors can also draw upon their wider private client expertise to advise in respect of issues relating to gifting, inheritance tax and the need for a statutory will.
PCS can also act as an independent professional Deputy through our Trust Corporation. We believe we are unique, in that all our Trust Corporation directors are STEP qualified solicitors each with over 15 years’ experience – ensuring a high level of expertise, continuity to the matter and speed. Our solicitors have experience of being appointed as professional Deputies in complex matters involving significant assets of between £500,000 and £35m and work closely with other professional connections to ensure the clients best interests are met.
We can provide the following services:
- Appointing deputies (including arranging a private capacity assessment)
- Assisting deputies (from complete management of the affairs for the Deputy to providing one off reviews, advice or completing court accounts)
- Acting as an independent professional deputy (in both contentious and non-contentious matters)
- Advising in respect of gifts and inheritance tax planning
- Obtaining statutory wills
- Other general and bespoke applications
Costs: Our charges to act will depend on the type of application being made, along with its urgency and complexity. We are happy to have an initial no obligation telephone call or meeting to understand your requirements and where possible, we will provide our services for a fixed fee. In matters where we are appointed as professional Deputies, we honour the solicitors’ guideline hourly rates as set by the Court https://www.gov.uk/guidance/solicitors-guideline-hourly-rates and our fees are normally paid from the funds of the person who has lost mental capacity.
Recent successful cases include:
- Application to obtain a property and financial affairs deputyship order
- Application to gift – equalising the estates of husband and wife to mitigate their inheritance tax position
- Application to obtain a statutory will
- Application to gift part of a home to other family members
- Application to have a Scottish guardianship order recognised in England & Wales
- Application for a financial order to have expenses incurred by a family member paid
- Appointed as an independent professional Deputy in a contentious matter where a family member was removed from acting as an Attorney
- Appointed as a professional Deputy for a client who suffered a brain injury and received a multi-million-pound award
- Appointed as a professional Deputy for a multi-million-pound client who lost capacity
- Urgent application obtained in 3 days to ensure a business sale could complete
Private client legal services
We have extensive experience in relation to wills, trusts, tax, estate planning, succession, wealth preservation, probate, mental capacity law and philanthropy. Our priority is to ensure that your legacy planning produces the best possible outcome for you and your family.
