When mental incapacity affects a loved-one, it can bring highly distressing and complex challenges. One area that can present particular dilemmas and difficulties is the legal implications of diminished decision-making ability. This is where Wolferstans’ expert team of mental health lawyers can step in.
We would all like to think that we will always have our mental capacity. But the reality is that many anyone can develop a condition that compromises our mental health and independence. Whether it’s caused by a stroke, dementia, or an injury or illness, the implications of mental incapacitation are momentous. And while many of the conditions that result in a loss of mental function are associated with old age, they can strike at any stage of our lives.
Dealing with the implications of mental incapacity requires careful consideration. At Wolferstans, our specialist team of mental health lawyers are here to help. We have a detailed understanding of mental health and capacity legislation. Plus, we appreciate how this difficult personal issue can affect you and your family.
Whether you need advice about setting up Powers of Attorney, or help with a contested or routine application to the Court of Protection, we can guide you through it. You can appoint Powers of Attorney both for Health and Welfare and for Property and Financial Affairs. This enables you to make arrangements that protect wellbeing but also to make practical plans regarding personal wealth.
With our extensive experience in these complex where law meets mental health, this professional input can be invaluable. What’s more, you can rest assured that we’ll help you deal with these issues sensitively, compassionately and confidentially.
- Fixed fees
- The services of Samantha Buckthought, who is a Court of Protection Panel Deputy, one of only 65 in the country
- Specialist advice from members of STEP, Solicitors for the Elderly and the Law Society Private Client Section
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It is very distressing when someone becomes incapable of dealing with their affairs, perhaps through age, accident or ill health. In these situations it is necessary for someone else to act for them in managing their day to day finances and affairs, as these clients can be vulnerable and easily confused.
When formally appointed to act in this capacity under the Mental Capacity Act, you become known as a Deputy (formerly known as ‘Receiver’). Samantha Buckthought is a Panel Deputy for the Court of Protection and when appointed as Deputy we work closely with the Court of Protection in safeguarding the person’s interests, whilst still maintaining, as far as possible, the person’s independence. Often these people have had accidents and have large sums of compensation which have to be managed, and we work in conjunction with financial advisers to ensure that the compensation is utilised in the best possible way throughout their lifetime.
We also advise others who may be acting as Deputy for a family member.
We ensure that we act with compassion whilst taking the day to day difficulties away – these clients can be very upset at what may seem a simple routine difficulty, and we can take control of these problems to avoid the stress and upset.
A Power of Attorney allows you to appoint someone that you trust as an ‘attorney’ to make decisions on your behalf. Attorneys can make decisions for you when you no longer wish to or because of injury, illness or incapacity.
There are two different types of Power of Attorney:-
A Health and Welfare Power of Attorney allows you to choose one or more people to make decisions for things such as medical treatment. A Health and Welfare Power of Attorney can only be used if you lack the ability to make decisions for yourself.
A Property and Financial affairs Power of Attorney lets you choose one or more people to make property and financial affairs decisions for you.
This could include decisions about paying bills or selling your home. You can also include a condition that means the attorney can only make decisions when you lose the ability to do so yourself.
Wolferstans can help you decide which type of Power of Attorney you require.
Samantha Buckthought who is a Partner of the firm and the Head of the Department, is one of only 65 Deputies appointed by the Court of Protection on to their Panel.
This means that she is a recognised specialist in her field, able to offer a skilled service to Court of Protection clients and she will be appointed as a Deputy in cases where there is no other member able to act.
Samantha is able to draw on the experience and skills of other members within her team and the firm to assist all of her Court of Protection clients on a practical level.
Privately, Samantha is fully employed as a mum to three young children.