Private Client Services Private Client Services
Private Client Services

Private Client Services

Our Private Client Solicitors can support with life planning and financial management for anyone who struggles to make these decisions alone, due to a serious injury or medical negligence experience.

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Our Private Client Solicitors

Team Member

Kate Edwards
Director of Private Client

Meet your legal team
Team Member

Kate Edwards
Director of Private Client

Meet your legal team

Our Private Client Lawyers can support with managing the property and financial affairs for anyone who lacks the capacity to make these decisions themselves, specifically due to a brain injury following a serious injury or medical negligence experience.

Understanding Court of Protection

The Court of Protection is a specialist court set up to protect those who can’t make decisions at the time they need to be made, due to a lack of mental capacity. Mental capacity is defined under The Mental Capacity Act.  

The Court of Protection can appoint a deputy, who can make decisions on behalf of the person without mental capacity. The Court of Protection is also responsible for making decisions around Lasting Power of Attorney.  

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There are two types of deputy:  

  • Property & financial affairs deputy – appointed to handle financial matters and responsibilities, including payment of bills, management of benefits and personal injury awards
  • Personal welfare deputy – they can make decisions around medical treatment and care  

A Court of Protection deputyship is often taken on by a family member or close friend of the person who lacks capacity. The person applying for deputyship must be over 18, and it is possible to have two or more deputies for the same person. If you need support in appointing a deputy for a loved one, our Private Client Lawyers can support you through the Court of Protection application process.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 outlines what is meant by a person who lacks capacity. The principles of The Mental Capacity Act are as follows:  

(1) A person must be assumed to have capacity unless it is established that they lack capacity. 

(2) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success. 

(3 ) A person is not to be treated as unable to make a decision merely because they make an unwise decision. 

(4) An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in their best interests. 

(5) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action. 

Mental incapacity can arise at any time; perhaps as a result of sustaining an injury in an accident, through medical negligence, or as the result of illness – including degenerative diseases often associated with old age. Often, people choose to work with us for additional support. 

Professional Deputyship Solicitors  

In cases where there is no one suitable to act as a deputy, or if you would prefer not to take on the role, it is a possible to appoint a professional deputy. Our deputyship solicitors can act as a professional deputy for you. 

As specialists in serious brain injury claims, our Private Client Lawyers have extensive experience in this area, and will ensure that your loved ones are protected. We’ll work closely with you throughout the process to understand yours and your loved one’s needs.

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more attorneys to help you make decisions, or make decisions for you, should you be in a position where you no longer have the mental capacity to do so on your own.  

It differs from a Court of Protection deputyship in that applicants must have mental capacity when they make the LPA. Applicants for an LPA should also be over 18. As with a deputyship, you can apply for a lasting power of attorney for health and welfare or for property and financial affairs, or you can apply for both.

Managing Property and Financial Affairs

Our expert Private Client team works with many clients and families in similar situations to you. We know how daunting it can be having to manage the financial affairs of a loved one following a major life-changing event. In situations like these, expert help can make all the difference.

We can help manage financial affairs and provide support with a range of tasks, from paying care costs to managing investments and assisting with property purchases. We work with a network of experts, including Independent Financial Advisors, ensuring that your loved one’s future is well looked after. 

 

How We Support You – Meet Paul & Family

Why Choose Fletchers for Private Client Law?

Choosing Fletchers means choosing a dedicated team of Private Client Solicitors. Our dedicated department is led by Director of Private Client, Kate Edwards; who is Edwards is recognised as one of the country’s leading experts in Court of Protection. Kate has a wealth of expertise in professional deputyship, and oversees the property and financial affairs of clients who lack mental capacity through injury or illness. She also has experience in cases involving high value litigation and cross border disputes.

Fletchers has been helping those involved in an accident manage their affairs for many years, so we’re in the unique position to understand their needs – and have the knowledge and connections to get the best results for all concerned. If you or your loved one need help with protecting your assets and making the right decisions regarding money matters in the face of mental impairment following an injury or debilitation, there’s no one better positioned to help.

Personal Injury Trust

Our Private Client Team will be able to quickly decide if you could benefit from a Personal Injury Trust. We can guide you through the whole process from end-to-end. And if you don’t think anyone you know or trust is up to the task, we can take on the role of Professional Trustee for you. Either way, we know who to talk to – and how to talk to them – to make sure that your settlement award remains ringfenced from means tested benefits.

Private Client Services

Private Client experts to help you - every step of the way

Managing someone's financial affairs after a significant settlement is a challenging role, and the court prefers this to be taken on by a professional. If you need support making an application for Deputyship for a loved one, our Private Client team can support you.

Private Client Services

We’ve helped so many people just like you

Mental incapacity can arise at any time; perhaps as a result of sustaining an injury in an accident, through medical negligence, or as the result of illness – including degenerative diseases often associated with old age. Often, people choose to work with us for additional support.

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