Court of Protection
We are here for you in the difficult situation where someone has lost capacity to take important decisions for themselves. We routinely bring and defend applications in the UK Court of Protection. We are also well placed to advise on overseas interests.
We regularly advise on a wide range of issues involving the Court of Protection, which rules on the property and financial affairs, and the health and welfare, of people who lack mental capacity to arrange these matters themselves.If you have concerns that an elderly or otherwise vulnerable person is no longer able to take legal decisions for themselves, our firm can offer guidance on issues involving capacity or Court of Protection law. Dealing with issues that arise when someone has lost capacity to look after their own affairs can be incredibly difficult and requires not only a thorough grasp of the law but also extreme sensitivity to the situation. Our team regularly bring and defend applications in the Court of Protection and has unrivalled experience in both domestic and international matters.
We try to avoid costly litigation but if it is in our clients’ best interests we have considerable experience in contested Court of Protection hearings, both bringing and opposing applications.
Our Ccourt of Pprotection and deputyship solicitors are also able to act as a deputy where an independent professional is required. As a global law firm, we are especially well placed to assist conservators of estates with interests abroad.
Working in close conjunction with colleagues in our wealth planning, probate and trust management teams, our Court of Protection and deputyship lawyers can also advise on lifetime gifts and deeds of variation of estates that require an application to the court. We have a diverse client base of older people and their families and carers, as well as trustees, executors and other fiduciaries.
Application to the Court of Protection on international assets
Advising our client as attorney for her incapable mother under a registered Enduring Power of Attorney in the UK, she was seeking to sell a number of her mother's properties overseas on her behalf. She was not able to obtain the local jurisdiction order to enable her to do so because her mother was too ill to travel for the necessary medical assessment. We therefore created an innovative application to the UK Court of Protection based on the unusual scenario, using our international expertise.
Cross border issues relating to Dementia
When our client was diagnosed with an aggressive form of early onset dementia, he was forced to retire earlier than he or his family had expected and planned for. Leaving his job overseas and relocating to the UK brought about greater difficulties. We assisted his children as their father's attorney in resolving a complex retirement and permanent health insurance package with his employers. We also made an application to the Court of Protection for its approval of the package.
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Beneficiaries and heirsWhatever you have inherited, and wherever it is in the world, our leading team of lawyers can help you to protect the value of the asset, manage the tax implications and resolving any disputes. Find Out More
Elderly and vulnerable peopleWe have helped many families and trustees through the exceptionally difficult scenario where a person has lost capacity to make decisions for themselves, advising on the full spectrum of issues. Find Out More
Trustees, executors and fiduciariesEven the most experienced advisors will need legal support on complex matters such as cross-border tax queries or third-party claims. We can help you meet your obligations with confidence. Find Out More
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