UK Elderly client and Court of Protection

Thankfully a growing number of us are living longer. However this does come with its own complications as unfortunately some of us will become mentally or physically incapable of managing our own affairs.

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Going beyond form filling

Our service goes beyond simple form filling. We believe that it is important to consider carefully all the potential consequences of the choices that you make. Your Powers of Attorney should form a key part of the overall strategy that you adopt. As with a Will, these should be reviewed regularly so that when they are needed, they are in the precise form that you want.

We can provide advice on all aspects of creating, registering and using Lasting Powers of Attorney. These are documents which allow you to select in advance who should make decisions for you if you are unable to make them for yourself due to capacity difficulties.

We can also advise and assist with the drafting and registration of Lasting Powers of Attorney and in later life with the administration of the power of attorney.  In addition, we can advise on all aspects of Court of Protection matters, including applications to be appointed as a deputy and subsequent applications for tax planning.  In exceptional circumstances we can act as a Court of Protection deputy in the UK.

As a B-Corp certified firm, we are proud to join a select group in the UK professional services, committed to high standards of social and environmental impact globally.

Progeny Law & Tax are authorised and regulated by the Solicitors’ Regulation Authority, meaning we are dedicated to upholding professional standards within the industry.

Combining guidance and support from Progeny’s Corporate Legal team, Private Legal team and Wealth Management team, we are able to provide truly holistic support.

With offices throughout the UK, we offer face-to-face services nationwide. Giving you the opportunity to meet your planners in person to discuss your specific needs.

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Powers of Attorney

Sometimes, all that is needed is a simple ‘Ordinary’ Power of Attorney if you have physical rather than mental capacity difficulties, or if you may not have time to wait for a Lasting Power of Attorney (LPA) to be registered. However, there are different types to consider based on your specific needs.

01

Property and Financial Affairs LPA

A Property and Financial Affairs LPA deals the decisions with a financial element. Such as bills, pensions and property.

02

Health and Welfare LPA

Health and Welfare LPA covers all the decisions which need to be taken of a more personal nature such as where you live and the medical treatment you receive.

03

Enduring Power of Attorney (EPA)

An Enduring power of attorney deals solely with property and financial affairs, not with personal welfare issues. *LPA’s replaced EPA’s, however, if you executed your EPA prior to 1st October 2007 you should still be able to use it, however, you cannot amend it.

Frequently Asked Questions

The Court of Protection makes decisions and assigns deputies to act on your behalf if you are unable to make decisions about your personal health, finance, or welfare.

The Court cannot make any decisions on behalf of anyone who has capacity to make that decision on their own. It also cannot force other public bodies such as a councils or hospital to provide treatment or services.

The process of becoming assigned as a deputy by the Court can take up to 6 months.

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