Protection Court Lawyers | irwin mitchell (2023)

Protection Court Lawyers | irwin mitchell (1)

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When you care for your family and loved ones, their well-being must come first. In some cases, loved ones may no longer have the mental capacity to make important decisions about their own well-being or finances. If you need help protecting the best interests of a vulnerable loved one, our Protective Court attorneys can help.

What is the court of protection?

The Protection Court makes financial or social decisions on behalf of people who lack the mental capacity to make those decisions for themselves. The court can also decide whether or not a person lacks capacity.

The Tribunal helps to ensure that people who are unable to act are not exploited or denied their rights. For this purpose, the court appoints a person authorized to deal with the affairs of the vulnerable person (the so-called "alternate"). The role of the deputy is to make decisions that need to be made on behalf of a vulnerable person in their best interest.

What services do we offer?

Our protective court lawyers help with:

  • Candidates for lay deputies
    A lay representative is usually a friend or family member appointed by the court to make decisions in the best interest of your loved one.
  • Working as a professional assistant
    A professional representative is typically a lawyer or other court-appointed professional who makes complex financial and social decisions in the best interest of their client.
  • Personal Injury Administration
    If someone sustains a brain injury and is claiming compensation on their behalf, we can help you manage your compensation and get the most out of it.
  • Will requests
    A legal will is made in favor of an incapacitated person and is approved by the court. If that person dies, his statutory will will be treated as a regular will.
  • gift apps
    If you wish to make a gift on behalf of someone who cannot make that decision, you must apply to the Protection Tribunal. Applying can be difficult depending on the nature of the gift or the circumstances of the person for whom the decision is made.
  • Contested requests from the Protection Court
    Sometimes you may not feel comfortable with your attorney or attorney making decisions on your loved one's behalf. In such cases, you can request the removal of a deputy or lawyer if you have reason to believe that they are abusing their powers.
  • personal injury fund
    After you file a personal injury claim, a personal injury fund is a legal entity that allows you to hold and manage your compensation funds. They are usually managed by two trustees who jointly decide in favor of the injured party.
  • Deprivation of the guarantees of liberty
    In order to provide care and treatment to certain vulnerable people, hospitals and nursing homes may restrict freedoms by law, provided they comply with custodial measures. If you think these restrictions are unfair, our attorneys can help you challenge them.
  • Emergency Court Orders
    We can help you bring emergency claims to court when an urgent decision needs to be made on behalf of a vulnerable person.

Who can we help?

Our dedicated and experienced team specializes in all protective court related matters. We can help you if you:

  • Responsible for managing the affairs of another person.
  • Concerned about another person's ability to manage their affairs or that of a vulnerable person
  • Concerned about your own ability to run your business
  • Uncertainty about a person's ability to make decisions for themselves
  • You are not sure what welfare, residence, or medical treatment is best for an individual

Our experienced attorneys have been helping people for over 20 years. Many of our clients are referred to us by our personal injury team after life-changing birth or brain injuries. However, we also work with a number of professionals outside of Irwin Mitchell who refer clients to us, including:

  • Personal Injury Lawyers
  • crash manager
  • Lawyers for private clients.
  • Financial Advisor.

Why choose Irwin Mitchell?

Our attorneys are passionate about protecting the interests of vulnerable people. We have over 20 years of experience working with vulnerable clients and their loved ones. We are true experts in how the Court of Protection works and we know how to ensure that you or your loved ones are protected.

We have offices across the UK so we're always here to help, wherever you need us. We offer clear advice and support and can help you with any questions you may have about protective court.

You can be sure that our fees and rates are always fair, as they are set and evaluated by the Court of Protection. Depending on your circumstances, legal advice may also be available for disputes over the health and well-being of a vulnerable person.

We are members of several professional bodies, which gives us additional information about the Court of Protection and related matters, including:

  • The class of court-appointed deputies
  • member forum
  • Die Joint Liaison Group of Courts of Protection.

Contact Us

If you are concerned about protecting the interests of a vulnerable loved one, our experienced Protective Court attorneys can help. call us0370 1500 100oget in touch online.

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0370 1500 100

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Protection Court Lawyers | irwin mitchell (2)

lucia nicol National Chief of the Protection Court meet the team

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Lawyers Courts of Protection - More information

Lucy and the team at the Court of Protection have given me a lot of peace of mind for the future and their support has been invaluable. She has become a true friend of the family and it was great to invite her to our wedding. She is very important to all of us."

Adam, our client

the story of adam

Our lawyers and one of our professional representatives helped our client Adam after the Protection Court ruled that he could not handle his affairs on his own.

Adam was involved in a traffic accident on his way to school in April 2006. Due to the extent of his injuries, doctors said he was unable to walk or talk. Since the accident, Adam has made a remarkable recovery and has exceeded all expectations. With the help and support of his family, he learned to walk and talk again.

However, due to the lingering effects of his brain injuries, the Protection Court ruled that Adam lacked the mental capacity to manage his own assets and businesses. We worked with the court to find an appropriate professional representative, Lucy, who was appointed by Irwin Mitchell to look out for Adam's best interests and manage his affairs.

At first, Adam was very reluctant to get involved with the Protection Court because he didn't know how it worked or how it would affect his life. When Lucy met Adam, she took the time to get to know him and his needs, and explained how the Court of Protection could help him.

Lucy now manages and makes decisions about Adam's affairs to help him plan for his future. Adam only had good things to say about Lucy and our team at the Court of Protection.

Read more about Adam's story

“Adam is a charming man who never let his childhood accident stop him from getting the best out of life. He accepted all the help and support from our Protection Court team and we forged a lifelong friendship with him."
Lucy Nicol, Partnerin

“Having Lucy as my assistant and being integrated into my team has really helped me and my family have that peace of mind. She has become such an important part of the family that she even came to my wedding.
Adam, our client

Read more customer stories

What is a deputy?

The Court of Protection appoints a proxy to make decisions on behalf of a person who lacks the mental capacity to make those decisions for himself. The court may appoint a deputy to deal with the financial, property, or personal welfare affairs of a vulnerable person.

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A wealth and affairs representative can manage a vulnerable person's bank accounts, care fees or household bills, etc. A proxy can also manage the purchase or sale of a property for the vulnerable person.

A Personal Welfare Officer can make decisions about the vulnerable person's place of residence, their care, and some medical treatment decisions.

Authorized representatives can be sole proprietors or a trust (an incorporated company authorized to act as trustee or agent). If you prefer to work with a professional representative, we can help you find a substitute attorney to suit your needs.

Non-professional deputies are usually relatives of the legally incompetent person. Two or more persons may be appointed as joint delegates acting on behalf of one person.

If you are concerned that an MP is not acting in the best interest of a vulnerable family member, you can apply to the Protection Tribunalreplace deputy

What is a personal injury fund?

If you or a loved one has claimed compensation after an injury, this money can be paid in apersonal injury trust. Funds held in a personal injury fund are ignored by most verified government benefit assessments, so your entitlement to benefits is not affected.

A personal injury foundation is managed by two trustees. Together, the trustees decide how to manage your or your dependents' money, including payments from the trust.

Any transaction within the trust must first be approved by each of the trustees to protect the vulnerable person from misuse of their money.

Trustees may approve:

  • buy real estate
  • invest money
  • pay for medical care
  • pay for therapy
  • pay household bills
  • cover the daily expenses of satisfying the needs of a person.

Professional trustees have the advantage of using their knowledge and experience to provide valuable information when making important fundraising decisions. You can strategically manage funds to protect the long-term interests of a vulnerable person and achieve your long-term goals.

Professional trustees can be a sole proprietorship or a trust (a corporation authorized to act as your trustee). If you are not sure who to appoint as a trustee or where to get advice as a trustee, please read ourCuratorial Tasks Pagefor more information or call[phone number].

If you want to enjoy the benefits of a professional trustee, you can hire us through our trust company. look at oursTrust Management Services Pageto find out how we can help.

Read more frequently asked questions

Protective Court FAQs: Our Experienced Attorneys Answered Your Protective Court Questions

Power of Attorney Lawyers – If you are concerned about losing your legal capacity, we can help you obtain a permanent power of attorney.

Personal Injury Fund – If you have claimed compensation for an injury, we can help you manage your compensation fund in a Personal Injury Fund.

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This is what we call “expert hand, human touch”.

We have offices across the UK so our experts can help you wherever you are.

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