Vulnerable Adults

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If someone loses their mental capacity and becomes unable to make decisions, but has not made a Lasting Power of Attorney, it may be necessary for a Deputy to be appointed by the Court of Protection.

The Court of Protection is an independent judicial body which is responsible for making decisions relating to those individuals who lack the mental capacity to make decisions for themselves. These decisions can relate to property and finance and questions of health and welfare. If there is a need for on-going decisions to be made, the Court may appoint a Deputy and [entitle] them with the powers to make these decisions.

The Court of Protection is responsible for:

  • Deciding if an individual has the mental capacity to make a decision for themselves
  • Appointing family members or friends as Deputies on behalf of the individual who lacks mental capacity
  • Giving permission to people to make one-off decisions on behalf of a person who lacks mental capacity
  • Making decisions on Lasting Power of Attorney and Enduring Power of Attorney

Court of Protection and Deputyship is a specialised area. Please contact a member of our team for practical advice through every step of the process.

Lasting Power of Attorney

What would happen if you lost capacity through illness or through a sudden injury? How would your bills be paid? Who would decide what medical treatment you will have?

By making a Lasting Power of Attorney (LPA) you can give someone (your Attorney) you know and trust your express authority to deal with your affairs if you are unable to do this yourself. An LPA cannot be used until it has been registered at the Office of the Public Guardian. It can cover either your financial affairs or decisions that may need to be made about your health and personal welfare (e.g. medical treatment, care and so on) or both.

Making an LPA is sensible planning

What if I do not have an LPA and need help in the future?

If you do not have an LPA and become unable to deal with your own affairs due to a loss of mental capacity, the process of appointing someone to stand in your place (and be your Court-appointed Deputy) can be cumbersome and costly.

There may be a period where no-one is officially appointed to assist you, during which time anyone trying to assist on your behalf will be doing so without the appropriate authority. This could create difficulty and distress for you and your family. Appointing an attorney under an LPA is much less expensive and gives you and your family peace of mind for the future.

There are two types of LPA.

Property and Affairs LPA

Enables an attorney to make decisions about a Donor’s property and financial affairs. These might include:

  • Buying or selling property
  • Operating a bank or building society account
  • Managing investments
  • Claiming benefits
  • Paying household expenses
  • Paying residential or nursing home fees

Health and Welfare LPA

Allows an attorney to make a decision about the Donor’s personal welfare if the time comes where they are unable to make decisions for themselves. These decisions may be about:

  • Where the Donor lives
  • The Donor’s daily care
  • Arranging for dental treatment
  • Consenting to or refusing medical treatment
  • Access to the Donor’s medical records
  • Overseeing medical and mental assessments.

An LPA is therefore a very important part of planning for the future. The time may come when we need a helping hand to make those decisions that were once commonplace. Having an LPA in place makes that process so much easier to use and less stressful.

If you or a relative would like further information on LPA’s or how we can help you, please get in touch.

Mrs R & Mrs L from Solihull

“The administration team in the Solihull Office were most helpful, assisting with photocopying as necessary and forwarding information and correspondence to Birmingham.  Cherie was extremely professional, knowledgeable, punctual and a great support to our family, keeping us informed of progress throughout.  Excellent service by Cherie and the team.”

Mr B from Solihull

“You have provided us with some of the best legal services we have ever experienced. Keep up the good work.”

Mr C from Birmingham

“Great service will recommend to others who need a solicitor”

“As a power of attorney of my mothers estate I’m mindful of the duties involved and I had to have confidence in appointing a solicitor to help me discharge these duties. Blackhams were a good choice and I will return at probate knowing I am in safe hands.”

Mr S from Birmingham

“The service provided throughout was professional & efficient. Advise given was excellent & evidence clear - would definitely use again and recommend to friends and family.”

Mr & Mrs H from Solihull

Correspondence was clear with ‘legalise’ and we always received friendly and efficient responses to our telephone enquiries.

Mrs W from Warwick

I would like to thank Cherie for all her hard work on our estate’s behalf.  I have felt confident that we were in safe hands with her at the helm throughout this lengthy process and I am most grateful for all you have done

Mrs A from Solihull

The family are very happy with the service received so far, always friendly and prompt service received - 5 star!