Court of Protection Carmarthen

Redkite Solicitors have a specialist team, with expert experience, in helping and supporting people who are unable to do so for themselves. The inability of an individual to make their own decisions, may arise due to poor health or serious injury; legally termed ‘mental capacity’.  Our dedicated team can assist you in managing the individuals overall needs; their well being, welfare, health, property and finances, on behalf of your loved one.

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The loss of mental capacity can occur unexpectedly, such as a head injury, or gradually as with dementia. If the mental capacity of a person is in doubt then an application should be made to the Court of Protection.

The Court of Protection will assess the individual to determine if they are capable of making certain decisions; if an individual does not temporarily demonstrate this, then a one-off order can be implicated.  However, if it is decided that the person does not have the capacity to make a range of decisions, for the foreseeable future, then a Deputy will be appointed.  The Deputy will be responsible for making decisions and acting in the person’s best interests in all of their affairs.

For further information on how Redkite solicitors can help you call 01267 239 000 or complete our online enquiry form.

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.)

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

Getting early advice and guidance from Redkite’s Court of Protection solicitors is critical. Court of Protection application forms must be completed correctly in order to gain Deputyship in a timely manner. Redkite’s Court of Protection solicitors offer a full service to clients. From the pre-application meeting to post-Order, an experienced Court of Protection solicitor will be on hand.

Examples of When to Apply to the Court of Protection

Brain injuries can cause the loss of mental capacity. Sometimes this can be temporary, as in the case of stroke, with a good recovery. Sadly, events like accidents with a traumatic head injury can permanently affect capacity. In both instances, an application to the Court of Protection allows the appointed Deputy to manage decisions. This takes care of financial and health issues for as long as mental capacity is lacking.

With advances in healthcare and improved quality of life, the life expectancy of many people is getting longer. Whilst this is welcome, it leads to an ageing population and an increase in associated brain diseases, such as Alzheimer’s or dementia. Whilst people can retain mental capacity and live with these conditions, over time their ability to make effective decisions often diminishes. If the person did not put a Lasting Power of Attorney in place prior to the loss of mental capacity, relatives will need to apply to the Court of Protection for Deputyship.

Older parents with children or adult offspring who lack capacity due to a learning disability or brain injury, may also need to apply to the Court of Protection. This will provide peace of mind and ensure that the adult or child’s best interests are put first when the parents can no longer do so for them.

The Role of a Solicitor

Making an application to the Court of Protection can be daunting. A solicitor will support clients in making the correct application. Some clients may wish to be appointed Deputy, others may choose to have a professional Deputy appointed, such as their solicitor.

Before any Court of Protection application is made, clients will benefit from the professional advice from a Court of Protection solicitor. Specialists’ knowledge and experience is invaluable in guiding clients through the process of making their application. Our experienced, empathetic solicitors will take the time to understand every client’s particular situation, their needs, concerns and worries, and advise accordingly. An initial consultation will support the client to give full consideration to which powers are being applied for and which decisions the person lacks mental capacity to make.

To speak to one of our experienced team members, call us today on 01267 239 000 or complete our online enquiry form.

The Court of Protection FAQ

What is mental capacity?

A

A person is deemed to have mental capacity when they are able to retain and analyse the relevant facts to make an informed and independent decision. People may have mental capacity to make some decisions, but not others.

What is a Deputy?

A

A Deputy is a person appointed by the Court of Protection to act in the best interests of a vulnerable person. This means that the Deputy handles the person’s wellbeing, financial security and welfare. Depending on where a person has mental capacity and where they do not, a Deputy may only make decisions in some areas of the person’s life. In other instances, a Deputy may make decisions in all aspects of a person’s life. The Court of Protection will determine to what extent the Deputy has control of someone's interests.

What and Where is the Court of Protection?

A

The Court of Protection is located in London. On application, it decides if a person has the mental capacity to make particular decisions for themselves. Where the Court determines a person is lacking mental capacity it can then:

• Appoint Deputies to make decisions for people who lack mental capacity in specific or all areas of their lives e.g. financial, property, well being

• Give permission to make a one-off decision for someone who may temporarily lack mental capacity

• Process emergency applications where an urgent decision must be made on behalf of someone without mental capacity

• Make decisions about granting a lasting power of attorney or enduring power of attorney as well as giving due consideration 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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