Powers of attorney: too risky?
Dr Rosa Malley
It is human nature to think “it will never happen to me”, but it is a sad fact of life that an increasing number of us will, at some point, lose capacity to make decisions about the management of either our property and financial affairs or personal welfare. This may be due to illness, old age or perhaps as the result of personal injury or medical negligence, and it often happens at the most inconvenient of times.
Our expert team of Court of Protection and deputyship lawyers can help you overcome the challenges these situations bring and provide forward planning, support and advice in situations where a person lacks capacity to make their own decisions.
Court of Protection and Deputyship
By planning ahead and making a Lasting Power of Attorney (LPA), you will have the comfort of knowing that your trusted attorney will be able to take on the responsibility of managing your finances. But what would happen if an LPA was not in place and you should lose capacity to manage your own affairs?
The Court of Protection exists to help people who are no longer capable of making some or all of their own decisions, usually by authorising the appointment of a deputy (who can be either a lay deputy, e.g. a family member, or a professional deputy). Our specialist and highly experienced Court of Protection team is here to help and support you at an often difficult and stressful time in your life.
If you are considering applying to be appointed as a deputy, we can advise you on the application and support you in that role. The process of making an application can be stressful, confusing and lengthy and we will help and guide you throughout. We also regularly act as a professional deputy in situations where there is no-one else suitable or where no family members wish to take on this demanding role.
We have particular expertise in advising on issues for property and financial affairs deputies, and our specialist experience in this field means that we will be able to help you, however difficult your situation may be. We are equally able to assist you with more complex matters such as the sale, purchase or adaptation of a property, applying for authority to make a gift or engaging in tax planning, or perhaps seeking authority to make a statutory Will.
We also specialise in cases involving compensation awards and many of our clients come to us as a result of clinical negligence, often from injuries caused at birth, or after suffering a serious personal injury. Involved from the early stages of a claim, we work alongside our highly rated clinical negligence and personal injury team in providing support and assistance to ensure you get the best possible outcome. As a result, we get to know our clients extremely well and we therefore have full understanding of your background and needs. We can assist in the litigation process by providing expert evidence in support of the claim for future deputyship costs.
While we have longstanding experience in supporting clients in respect of Court of Protection and deputyship, we don’t presume to know what you would want. This means listening to you, your family and your wider support team to understand what your needs and objectives are. If we are appointed as your deputy, we will work with you to enable you to make your own decisions whenever possible. We never forget that this is your life and your money and we fully respect your life choices.
We are a pragmatic team who live in the real world - we are happy to visit you at home and we will work closely with you to achieve the best outcome. We know life can be complex and difficult and we will do whatever we can to improve your situation. Rather than just tell you what the law is, we will provide clear and succinct advice and make recommendations so you can make informed decisions. Whatever we do, you can be confident that we will always act in your or your loved one’s best interests.
To provide you with a fully supported service, we work in close collaboration with your wider network of supporters and advisers, e.g. your case manager, therapists, property agent, accountant, financial advisor, investment manager and educational lawyer.
We can assist you with the following services among others:
Working closely with other teams at Kingsley Napley, we can also draw on the experience of our clinical negligence and personal injury, real estate, family, corporate and commercial, employment, private client and litigation teams to assist you with a wider range of legal issues.
Partner and Head of Department
The firm 'provides an excellent service to clients’, and specialises in property and affairs matters for clients who lack capacity due to catastrophic medical negligence or acquired brain injury."
Legal 500 UK, 2017
Simon Hardy ... is adept at professional deputyship work as well as acting in the capacity of trustee in cases of personal injury or medical negligence. Impressed sources report: 'He's dedicated to his clients and really knows his stuff,' while clients say that he is 'everything that a Court of Protection solicitor should be'."
Chambers UK 2017
Kingsley Napley LLP’s ‘very professional team’ has a particular specialism in complex and high-value cerebral palsy cases. Simon Hardy is ‘very thorough’ ."
Legal 500 UK, 2016
Kingsley Napley LLP’s team was bolstered in 2013 by Simon Hardy’s arrival from Irwin Mitchell, and is noted for high-value and sensitive deputyship matters."
Legal 500 UK
Skip to content Home About Us Insights Services Contact Accessibility