Vulnerable Clients

We understand that dealing with the affairs of a vulnerable person can be challenging and sometimes daunting.  We have offices covering Hampshire and Dorset and would be happy to visit you or the vulnerable person in any of our offices, at your home or via video.

Kiteleys specialist lawyers can assist with managing the affairs of a vulnerable person by advising on:

• Paying for care and obtaining state funding;

• Applications to the Court of Protection, to include

• Applications for Deputyship

• Statutory Wills

• Authority to make gifts

• Authority to sell/buy property

• Removing attorneys

• Deputyship and how to act as a Deputy;

• Protecting assets and financial planning;

• Investigations with the Office of the Public Guardian;

• Safeguarding concerns;

• Disputes relating to the care and welfare of a vulnerable person; and

• Understanding the Mental Capacity Act 2005.

The Court of Protection

The Court of Protection is a Court in England and Wales that can make decisions on behalf of those who cannot make their own decisions, due either to a temporary or permanent lack of mental capacity.  The scope of the Court is wide and will hear matters relating to financial affairs or welfare matters. 

The overriding role of the Court of Protection is to be a voice for the incapacitated and ensure that decisions are being made on a best interest basis.

The Court of Protection does not solely oversee contentious matters but is also involved in routine matters, such as the appointment of a Deputy or approving the sale of a property for a vulnerable person.

If you think you need to make an application to the Court, please do not hesitate to contact a member of the Kiteleys team.

Kiteleys specialist advisors can also assist you with the following matters:

·         Lasting Powers of Attorney for financial and health matters.

·         Registering Enduring Powers of Attorney.

·         Disputes between attorneys.

·         How to act as an attorney.

·         Financial abuse by an attorney.

Lasting Powers of Attorney

A lasting power of attorney is a document which allows you to appoint trusted people as your attorneys in the event that you lose mental capacity.  They are essentially an insurance policy; avaliable if and when needed.

Lasting powers of attorney can relate to your finances, health or both.  It is your decision which you implement and one of our specialised advisors will be able to discuss which is the best option for you.

Enduring Powers of Attorney

Since 2008, you can no longer create an Enduring Power of Attorney and they have since been replaced by lasting powers of attorney.   Despite this, if you already have an enduring power of attorney in place it will continue to be valid and effective.  Enduring powers of attorney must be registered with the Office of the Public Guardian before an attorney can carry out their functions on behalf of an incapacitated person. 

As a caution, enduring powers of attorney only relate to financial matters and will not cover your health and welfare decisions. 

For more information relating to enduring powers of attorney, please contact us using one of our contact forms or call one of our specialised advisors.