I had the privilege to speak to an audience of professional deputies from across the country at the recent Court of Protection Masterclass hosted by my colleagues from our Court of Protection Costs Team. I spoke about capacity to marry and enter into sexu…
The Court of Protection is responsible for protecting people with care and support needs.
The practice has Court of Protection experience, in which it ‘has very few rivals’.Legal 500 2015
Well known for being one of the best in the region. The depth and breadth of their knowledge, and because they have such a well-rounded team, means they can accommodate everything from the simplest financial cases right through to tax planning applications etc. A clear case of strength in numbers.Chambers UK 2016
They may need a deputy appointed to deal with their affairs, there may be concerns about an existing deputy or attorney, or the Court may be needed to make other specific decisions for a person who lacks mental capacity.
In the absence of a Lasting Power of Attorney, a friend, family member or professional can apply to be appointed as a Court of Protection deputy to look after the property and financial affairs of a person with care and support needs if they are unable to do so themselves due to a lack of mental capacity.
Our specialist Court of Protection team are ranked by independent legal guide, Chambers and Partners. They regularly advise, and assist lay and professional deputies on being appointed by the Court and in their role as a deputy, including assisting them with annual reporting requirements and discharging their duties.
The team also deals with one off applications to the Court of Protection, such as Statutory Will applications and applications for specific authority such as to sell a person’s property. We also have a number of cases in which we act as an independent professional Deputy where there has been a dispute that has been settled and are often called upon by fellow legal professionals to fulfil this type of role due to our expertise in this area.
Clarion acts as professional deputy and attorney for a large number of clients with care and support needs. We offer a personalised service to our clients. As well as discharging our professional duties, we visit our clients, we talk to them, we internet shop for them and we do not let a client’s birthday or Christmas pass without a card.
A recent Court of Protection decision has provided additional guidance on the circumstances in which a person holding a Power of Attorney can make gifts to themselves.