Court of Protection Solicitors Cardiff

Redkite Solicitors Cardiff have a specialist team who have expert experience in assisting people who are not able to manage their overall well being; their welfare, health, property and finances. The inability to make their own decisions may be due to an illness or a catastrophic injury. The legal term for this is ‘mental capacity’.

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The loss of mental capacity can suddenly occur, such as a head injury. It can also occur gradually, as with dementia. If the mental capacity of a person is uncertain, an application should be submitted to the Court of Protection. The Court of Protection will assess the individual to determine  whether they have the capacity to make certain decisions. If an individual is deemed not to demonstrate this on a temporary basis, then a one-off order can be implicated. On the other hand, if the court decides that the person is not capable of making a range of decisions for themselves for the foreseeable future, a Deputy will be appointed. The Deputy has the responsibility to make decisions and act in the person’s best interests, covering all of their affairs.

For further information on how Redkite Solicitors Cardiff can help you, call 029 2049 1271 or complete our online enquiry form.

What our clients say

I was very pleased with the courtesy of the ladies who attended to my requests and particularly so at the time when I had my accident – they were extremely helpful.

Paul James' support has been invaluable in effectively progressing key contractual requirements. His knowledge and expertise in contract and procurement matters is exceptional. Would not hesitate to engage Paul's services again in future should the requirement and opportunity arise.” (dated March 2017).

The reason I used Redkite is that most solicitors don’t have the area of expertise that I required.

Redkite have provided assistance through several particularly difficult issues. Their advice has been professional, thorough and specifically tailoured to the needs of our business. The staff are approachable, knowledgeable and realistic in the advice they provide.

Redkite were recommended to me and I would do the same, fantastic service.

I have to say that everyone I have come into contact with from the receptionists to the solicitors have always been excellent. The advice I have been given formally and informally has always been clear and concise which is always a weight off your mind when you are dealing with the affairs of your loved ones.

The Redkite Solicitors Court of Protection Service

Seeking advice at the earliest possible time is vital. The Court of Protection application forms need to be completed correctly in order to gain Deputyship in time. Redkite’s Court of Protection Solicitors offer a full service to our clients. From the pre-application meeting to post-order; our solicitors will be there to help you.

Examples of When to Apply to the Court of Protection

Brain injuries can lead to loss of mental capacity. Sometimes, this can be temporary, such as in the case of stroke, with a good chance of recovery. Unfortunately, events like accidents with a traumatic head injury can permanently impact one’s capacity. In both circumstances, an application to the Court of Protection gives the Deputy permission to effectively manage the individuals decisions. This includes taking care of financial and health issues until mental capacity is recovered.

Advances in healthcare and improved quality of life have made life expectancy longer for many people. Whilst this is welcome, it leads to an ageing population, which unfortunately means that associated brain diseases are also increasing, such as Alzheimer’s disease or dementia. Although people can retain mental capacity and live with these conditions, their ability to make sound decisions and judgments can diminish over time. If a person fails to put a Lasting Power of Attorney in place, before mental capacity is lost, an application to the Court of Protection for Deputyship will need to be submitted by the relatives.

Older parents with children or adult offspring who lack mental capacity because of a learning disability or brain injury, may also need to submit an application to the Court of Protection. This puts the parents at ease and ensures that the best interests of the children are put first when the parents can no longer do so.

The Role of a Solicitor

Making an application to the Court of Protection can be daunting, which is why it is important to have a solicitor that will support their clients in making the correct application. Clients can appoint themselves as the Deputy and can also appoint a professional, such as their solicitor.

Before any Court of Protection application takes place, clients will gain professional advice from a Court of Protection solicitor. Our specialists have the knowledge and experience to guide you through the process of making the application. A good solicitor will give the time and effort needed to fully understand the client’s situation, their concerns and worries and will advise accordingly. An initial consultation will support the client in giving full consideration to which powers are being applied for and the decisions which need to be made for the individual who lacks the mental capacity to do so themselves.

Redkite Solicitors can advise and act for clients on the following matters:

  • Deputy assistance and advice
  • Deputyship disputes
  • General and Lasting Powers of Attorney
  • Wills and Codicils
  • Tax and Trusts
  • Personal Injury Claims (where a person has lost mental capacity through an accident.)

When a Redkite Court of Protection Solicitor is appointed as a Deputy, then the client’s best interests are always the priority whenever making a decision.

Get in contact with Redkite Court of Protection Solicitors today to ensure that the interests of you loved one are protected.

Call us on 029 2049 1271 for expert advice and guidance. Alternatively complete our online enquiry form.

Court of Protection FAQs

What is Mental Capacity?

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An individual is considered to have mental capacity when they have the ability to retain and analyse the relevant facts to form an independent decision. People may have mental capacity to make some decisions, but not others.

What is a Deputy?

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A Deputy is an individual appointed by the Court of Protection to make decisions on behalf of a vulnerable person. This means that the Deputy handles the person’s wellbeing, financial security and welfare. A Deputy may only make decisions in some area of the person’s life, no matter where a person has mental capacity and where do they not. The Court of Protection will decide to what extent the Deputy has control of an individual’s interests.

What and where is the Court of Protection?

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The Court of Protection is situated in London. This court decides if an individual has the mental capacity to make particular decisions independently. When the person is deemed to lack mental capacity, the court can:
- Appoint Deputies to make decision on behalf of a person who lacks mental capacity in certain or all areas of their lives, e.g. financial, property, wellbeing
- Authorise to make a one-off decision on behalf of an individual who may temporarily lack mental capacity
- Process emergency applications where an urgent decision needs to be made for someone without mental capacity
- Make decisions about giving a lasting power of attorney or enduring power of attorney and giving due considerations to any objections
- Consider applications to make statutory wills or gifts
- Decide when someone can be detained under the Mental Capacity Act

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