As part of the services offered by their private client department, Henmans have a dedicated team specialising in advice on a wide range of issues that may arise from mental or physical incapacity whether inborn or caused by accident, illness or old age. Between us, we have many years experience in Court of Protection practice, powers of attorney, care provision and care fee funding for the elderly or infirm. We take time to understand the difficulties mental and physical infirmity can present and to find solutions to problems in each individual set of circumstances.
Power of Attorney - Financial management
Many people want to plan ahead to prepare for the possibility of being unable to manage their finances themselves. We advise individuals and their attorneys on all aspects of making and using Lasting Powers of Attorney and activating Enduring Powers of Attorney.
Attorney support
We offer practical support to attorneys who live far away or who have problems with their own health or have other commitments which take up their time. This can involve visiting the older person to assess what needs to be done and taking urgent steps to put support strategies in place.
Court of Protection – financial and welfare matters.
If a mentally incapacitated person has not had the opportunity to plan ahead by making a power of attorney, his financial affairs may have to be managed by a deputy appointed by the Court of Protection. We have experience in making applications for deputyship and supervising the progress of the application through the various stages of the formal court process.
In some circumstances, it becomes necessary for a welfare or health decision to be taken by the Court of Protection, or for the Court to appoint a Welfare Deputy to take those decisions on an ongoing basis for a person who lacks capacity to make health or welfare decisions himself. We can advise on the resolution of health and welfare issues by applications to the Court.
We can also help with financial decisions that require approval by the Court of Protection. These include the making of a Will on behalf of a person who lacks testamentary capacity, making gifts on behalf of a person who does not have capacity to manage his financial affairs and the appointment of a new trustee where a trustee can no longer act because he lacks capacity – this may be relevant on the sale of a jointly owned property.
Getting the right care and how to pay for it.
People often find the prospect of arranging for help at home or choosing a care home rather daunting. We can advise on all aspects of care issues from hospital discharge procedures to local authority care packages and NHS Continuing Care.
Veronica Cowdrey is a member of Solicitors for the Elderly
