Court of Protection – Property and Affairs Deputyships

Our specialist Court of Protection, property and affairs team is dedicated to advising and assisting individuals, families as well as professionals in a variety of issues including Property and Affairs, Deputyships and Lasting Powers of Attorney. We are committed to providing expert advice to safeguard the most vulnerable people in our community.

Why choose HAB Law?

Our team of lawyers, lead by Gillian Defreitas, ensure that we provide the best possible advice by maintaining regular and effective communication. We understand that the Court of Protection and its proceedings can be complex and can cause a lot of stress. We therefore make sure that our advice is clear with the best interest of your loved ones at heart.

Please call us on 02080803347 to speak to a member of our Court of Protection team who will be happy to speak to you.

The Court of Protection

The Court of protection is a specialist Court which makes decisions for those who are unable to due to lacking capacity. The Court of Protection can also make determination on ones capacity if there is differing views on whether a person has capacity or not.

What services do we offer?

Deputyships, Deputyship Challenges and professional Deputys

We are approached by family members of those who lack the capacity to manage their property and affair or make decisions on their health and welfare. Where this is the case, we provide the service of preparing Deputyship applications to the Court of Protection.

A Deputyship is an appointment granted by the Court of Protection to manage a person’s property and affairs or make decisions in relation to their health and welfare and do so in their best interest if they lack capacity to do so themselves.

In some cases, an individual or their family may be unhappy by the work being done by the current Deputy. In this situation, we assist in preparing applications to the Court of Protection to challenge that Deputyship appointment. If a current Deputy or Attorney is being unfairly challenged in the Court of Protection, we can also defend the appointment on their behalf.

In some cases, we, as lawyers, are appointed professional Deputies by the Court of Protection. This is often in situations where there is no family member who is able or willing to take on this responsibility. This includes the management of interim and final awards of damages arising from personal injury and clinical negligence claims.

Lasting Power of Attorney

Where an individual has the capacity we prepare Lasting Powers of Attorney allowing them appoint one or more persons to manage their health and welfare and/or property and affairs should there come a time when they are unable to manage it themselves.

Trusts

Where an individual is compensated for personal injury, or unlawful detention and, as a result, has received a substantive financial award we can advise on the advantages of a personal injury trust and are able to act as professional trustees.

We also offer assistance and expert advice on:

  • Applications for statutory Wills;
  • Managing the interim funding for Deputy clients;
  • Managing final settlement awards for Deputy clients;
  • Consulting with Case Management and other Reports to establish budgets to be approved between litigators, External Case Management and family (as required);
  • Dealing with rental and property purchases;
  • Dealing with any issues in respect of housing matters to include adaptations with OT, ECM and architects;
  • Arranging vehicles and motability;
  • Dealing with the Court Funds Office; and
  • Taxation and Accounting exercises.

Who can we assist

We can offer specialised advice and assistance to the following individuals:
  • Vulnerable or incapacitated clients
  • Family members of vulnerable and or incapacitated clients
  • Advocates
  • Lay Deputies
  • Lay Attorneys
  • Local Authorities
  • Charities
  • Personal Injury Medical Negligence Firms
  • Immigration, Family and Probate Solicitors

Contact us now to get the help you need

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