Our professional and helpful team can help you personally with Elderly And Vulnerable Clients
Jarmans has a particular expertise in handling the affairs of elderly and vulnerable clients, including assisting with powers of attorney, court of protection applications and advice in relation to the Care Act 2014. We can also advise on trusts for vulnerable beneficiaries, including disabled persons trusts. Our head of department, Ruth Pannell, is a member of Solicitors for the Elderly.
Court of Protection
Sometimes circumstances change or events happen that mean that a family member or loved one loses their mental capacity without having a Lasting Power of Attorney in place. This can be through accidents, illness, or just not realising the importance of an LPA.
In these cases, it may become necessary to apply to the Court of Protection to appoint a Deputy to look after the person’s financial affairs. This person can be a family member or trusted friend or, if there is no one suitable, we can appoint one of our Partners to act as a Deputy.
Where there is a need for urgent access to a person’s finances, for example to pay care home fees, Jarmans’ experienced team can assist in making an urgent interim order. We understand that going through this process can be extremely stressful, so we work hard to ensure that every step is as straightforward as possible for you.
If you are concerned about a health or welfare decision you may find that you need to apply to the Court of Protection so they can make a decision for you. In rare cases they will appoint a health and welfare Deputy, but usually will make decisions themselves.
You may also find that you have to make or amend a Will on a person’s behalf. This could be because they haven’t had an opportunity to make a Will and are now mentally unable to or because their estate has diminished.
It is possible to apply to the Court of Protection to make a Will on a person’s behalf. This can protect long term partners, who would inherit nothing without a Will in place, step-children or recently reconciled family members.
Lasting Powers of Attorney (‘LPAs’)
LPAs are documents to appoint trusted people to look after your affairs in the event that you lose mental capacity. There are two types of LPA, one dealing with your property and financial affairs and one dealing with your health and care. We can guide you through the process of choosing suitable attorneys, drafting and signing the paperwork, and registering your LPAs with the Office of the Public Guardian (the court with oversight of LPAs). We can also train your chosen attorneys on their duties and responsibilities under the Mental Capacity Act 2005.
If you do not have a trusted friend or family member you feel you can appoint, our partners are able to act as attorneys in respect of your property and financial affairs. We are experienced in acting as attorneys and are part of a network of knowledgeable associated advisers, including accountants, care home experts and financial planners, who we will consult and, where appropriate, involve to make the best decisions when handling your affairs.
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