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Archive | Court of Protection Opinion
Personal Injury Trusts – what do you need to know?

You have made a successful personal injury claim, but how do you protect the compensation awarded to you? A personal injury trust can help you to look after your long-term financial future. This is particularly important if you are receiving means-tested benefits. Personal Injury Trusts and Benefits Currently, if you have capital over £16,000, you…

Court of Protection and Interest Rates

The Daily Mail caused controversy amongst Court of Protection practitioners this week when it published an article entitled “secret court in control of a two billion fortune”. The article was, in our opinion, full of half truths and inaccuracies although it did raise an  important question in relation to the interest rate currently paid by…

Living Wills

Today, I was reading the May edition of 39 Essex Street Chambers’ excellent Court of Protection Newsletter and noted a recent decision of the Court of Protection which, amongst other things, provides a salutary, but sad, lesson on the importance of obtaining proper legal advice (in this instance, in relation to Living Wills). In An…

Elderly clients requiring court of protection applications

We routinely act for clients who have elderly relatives who have lost the capacity to manage their own finances and that relative now needs someone to be appointed to look after their finances on their behalf. This situation occurs where that elderly relative has not made either an Enduring Power of Attorney or a Lasting…

Office of the Public Guardian – Fee update

As from 1 October 2011, the OPG will be changing their fee structure. The registration fee for Enduring and Lasting Powers of Attorney will rise from £120 to £130. There will be a Repeat Application Fee of £65 each time an Lasting Power of Attorney is resubmitted to the OPG within 3 months of an…

Brain injury litigation assistance

A large number of our Court of Protection clients have acquired brain injuries, through acts of medical negligence, road traffic accidents, criminal injuries or psychological trauma. Not only do we advise our own Personal Injury and Medical Negligence departments on Court of Protection related matters within brain injury compensation claims, we also assist other law…

Court of Protection Panel Deputy appointed

We are pleased to announce that Andrew Cusworth, Partner and head of the Trusts and Estates department of Linder Myers Solicitors, has been appointed to the official panel of Professional Deputies of the Court of Protection. A Deputy is someone appointed by the Court of Protection to manage the financial affairs or welfare of a…

What is the Court of Protection?

The history and role of the Court of Protection has been widely misreported of late. Despite the assertions of the media, it was not set up in 2007 by Jack Straw to seize the assets of the elderly. It has been around in one form or another all this century and for most of the…

Statutory Wills – Q&A

Question: My mother is elderly and living in a Nursing Home. She has been diagnosed as suffering from dementia. She has told me that she wants to make a new Will. Is she able to do so? Answer: In order to make a new Will your mother needs to have the required mental capacity to…

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