Is the Court of Protection really that bad?
10/11/09
Is the Court of Protection really that bad?
Tuesday 10th November 2009
The national papers reported last week that more than 2,000 complaints are received a year by the Court of Protection and the Office of the Public Guardian. They were set up just over two years ago under the Mental Capacity Act 2005 to protect the property and affairs of vulnerable people who lack capacity to deal with the matters themselves.
Is the criticism justified? Samantha Melville, one of our solicitors in our probate department in Nailsworth , says “As a member of Solicitors for the Elderly, I deal with cases involving people losing capacity at any age for any reason on a daily basis.
I cannot stress enough how everyone should prepare a Lasting Power of Attorney. This allows you to appoint someone chosen by you to handle your money and property and to make decisions concerning your personal welfare if you ever lose mental capacity. The Court of Protection is more involved both in terms of complexity and cost simply because you have not nominated anyone to be your attorney. Without your wishes to follow the Court has to investigate carefully to ensure it is appointing the right person to represent you.”
“There have undeniably been some teething problems with the Court of Protection. Solicitors for the Elderly and other bodies are seeking to resolve these issues and in my experience matters are improving ” Samantha says.
“Despite the recent criticism, the Court of Protection does play an essential role. Without it, who is going to speak for the person who cannot speak for themselves?”
If you are concerned about how your affairs would be looked after please contact us and ask about a Lasting Powers of Attorney.
With a Lasting Power of Attorney you can;
1. Keep in control. You say who should manage your affairs in the event you are not able to do so.
2. Control when and how much help your attorney provides and can include rules and guidance for them to follow.
3. Prevent fraud meaning only your authorized attorney can access your funds on your behalf.
4. Save on costs and on Court fees. If you do not nominate an attorney the Court has to be consulted to appoint one which is a lengthy and expensive process.
5. Protect how your money is looked after for your children and all the beneficiaries of your Will.
AES Winterbothams have been advising clients since 1835 and have the experience to help you get your intentions clear and easily understood and to ensure your wishes are carried out.
Please contact our probate department at our Stroud office on 01453 847200 or at our Nailsworth office on 01453 832566 to arrange an appointment with one of our solicitors.