Dementia, Brain Injury & Court of Protection

Dementia, Alzheimers, brain injury or loss of capacity

At Lawson-West Solicitors, our experienced Probate, Wills and Trusts team provides care solutions for those affected by dementia, alzheimers, brain injury or loss of capacity. 

We work alongside spouses and family members to help them to put in place the right level of legal support for their loved ones who may be suffering reduced capacity either now, or those expected to develop symptoms in the future.

With any chronic health condition that affects brain function or capacity, it’s important to make clear decisions early-on that can be agreed in advance. This might include decisions about appropriate healthcare, treatments, living accommodation, as well as important decisions about long-term finances and paying for care.

The legal documents and procedures used to cover loss of capacity include:

1. Power of Attorney (POA) currently known as a ‘Lasting Power of Attorney (or LPA)’, pre-2007 previously known as an ‘Enduring Power of Attorney’. An LPA is legal a document that names people who make important decisions on your behalf, should you go on to develop reduced capacity. Making an LPA is commonplace. Find out more here [might need to change the photos/update this flyer].

2. Court of Protection Application (COP)

This is a formal procedure and application to the Court of Protection. A Deputy is appointed to manage the financial affairs of a person with diminished capacity. This is normally a family member or spouse. They apply to the Court of Protection to have access and authority to the assets of the affected person, so that payments can be made from their estate – things like care home costs, living costs, payment of bills, gifting. The Deputy is recognised by the COP as the person who has the legal right to perform these tasks. Being a Deputy means responsibility for another person’s finances so it is not for the fainthearted and requires good administration. Deputies are accountable to the COP and may be called upon to declare receipts and a summary of activity, this is to stop potential fraud or over-spending. You can also appoint a solicitor to be a Deputy and this is something Lawson-West Solicitors regularly does for clients who request it.

However, a deputy has even less freedom than an Attorney under a POA. In addition to making gifts, deputies may need to make applications for approval to do the following:

• Prepare a Will for the unwell person (a “statutory Will”)

• Sell or buy property

• Do inheritance tax planning

• Deal with a deceased person’s estate where the unwell person is the sole Executor

What can I do under a POA or Deputyship?

If you aren’t sure what your responsibilities are, or whether you need to make an LPA or make an application to the Court, you can contact us on 0116 212 1000 or p3team@lawson-west.co.uk for a no-obligation conversation about your circumstances in detail.

We are very lucky to have a wealth of knowledge within the team, including members of the Society of Trust and Estate Practitioners (STEP), the Professional Deputies Forum, and the Court of Protection Practitioners’ Association (COPPA).

For more information, you can visit our POA page here and our Court of Protection and deputy page here.

Solicitor Sophie Forsyth says:

“Putting an LPA in place is, surprisingly, the easy part! Once a person is unable to manage their money or make decisions about care or medical treatment, the loved ones appointed under the LPA (usually the spouse or children) often don’t know what to do. It’s important to seek professional advice in those circumstances, to make sure that you are protecting both yourself and your loved one.”

Alternatively, visit one of our Dementia Drop-In days to discuss with a qualified solicitor any of these conditions.

Note: The sessions, titled “Dementia Drop In”, are not just limited to dementia diagnoses – anyone who has a condition likely to affect their mental capacity is welcome, as well as those who are supporting someone with a loss of capacity. The appointments are free of charge and no obligation.

Head of Department Phoebe Skarlatos says:

“At Lawson-West, we have always had a strong focus on client care and providing the best service that we can,” said Phoebe, who has been working at the firm for over 6 years. “We wanted to provide comfort to those with a recent diagnosis who might be feeling anxious about the future. It’s important to start planning early as you never know what the future might hold.”