Archive for the ‘Court of Protection’ Category


Listen to the Podcast by Alzheimer’s Society

http://www.alzheimers.org.uk/site/scripts/home_info.php?homepageID=374&utm_campaign=General121214&utm_content=12351041044&utm_medium=Enewsletter&utm_source=Smart%20Focus

The word dementia describes a set of symptoms that may include memory loss and difficulties with thinking, problem-solving or language. Dementia is caused when the brain is damaged by diseases, such as Alzheimer’s disease or a series of strokes.

In this episode of the podcast Hannah speaks to helpline supervisor Kim about the progression of the different types of dementia.

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We Solicitors say: “Dementia is progressive. It can be difficult and emotional to accept a diagnosis but one of the best things you can do to help your family and carer to look after you or assist you to live with dementia is to ensure that you have your affairs in order for whatever may be round the corner.”

 

Making a Lasting Power of Attorney is vital. It is an important document to have in place for everyone but even more so when living with dementia.

 

Consider putting a Lasting power of attorney in place today.

For advice and assistance call we solicitors for friendly and professional approach

Competitive fixed costs – Home visits available

Email: info@wesolicitors.com

Telephone: 0800 294 3065

TODAY

Do not put off such an important issue

The Government has released a policy paper in response to the House of Lords Committee Report on the Mental Capacity Act 2005 and how it is working in practice

The Government gave their response setting out a system wide programme of work to implement the Mental Capacity Act 2005.

Some of the main points highlighted are as follows:

  • Care Quality Commission to add the MCA to its checks on services
  • An MCA Advisory Board to be set up to report on the effectiveness of the MCA each year.
  • The Government will give more information to  doctors, solicitors police  carers, housing officers and banks
  • The Government will provide more training for social workers and front line staff to help people be able to make decisions for themselves
  • People will be made more aware of Advance Directives – A document in which you can state that if you don’t want treatment in the future when you might not be able to make a decision about it

Lasting Powers of Attorney:

The Government says:

“Not many people are using Lasting Powers of Attorney and only think about them when they are very ill. We want more people to plan for the future and use them earlier”

They are considering a Life Planning Day from next year to make people more aware of Lasting Powers of Attorney and what they are used for. It will be a “national event to both raise awareness of the Act and to hear the views of professionals and the public as to how we can further develop our programme of work.”

 

“Anyone, at some time in their lives, may lack some degree of mental capacity. One of the most important aspects of the MCA is the right to prepare for such a time by registering Lasting Powers of Attorney ( financial and/ or health and welfare)and giving the power to make decisions regarding their finances or welfare to a trusted family member, friend or other such appointed person.”

 

Court of Protection:

  • More staff will be employed
  • New Rules next year

“The Office of the Public Guardian (OPG) is undertaking significant work to increase the level of awareness and understanding of Lasting Powers of Attorneys (LPAs) – working with NHS England to provide guidance for frontline staff and with the CQC to make sure questions on LPAs feature in inspections of health and social care providers. HM Courts and Tribunal Service has committed to increasing the staff complement of the Court of Protection and the Government has committed to the revision of the Court of Protection Rules – with a view to having new rules in place by April 2015”

Valuing every voice, respecting every right: Making the case for the Mental Capacity Act

The Government’s response to the House of Lords Select Committee Report on the Mental Capacity Act 2005

If you would like more information on Lasting Powers of Attorney and how they can benefit you please contact our expert solicitor at we solicitors Ivy Mill Failsworth Manchester M35 9BG. We always offer fixed fees. Home visit available

Do not put off such an important issue.

Email: info@wesolicitors.com

Telephone: 0800 294 3065

TODAY

 

 

 

 

 

 

The Office of the Public Guardian  has now published changes to its fees which will be implemented from the 1 October.
 
This follows a consultation that was launched on 28 February and ran until 21 May 2011. 51 responses were received and we would like to extend our thanks to all those who took the time to respond.
 
The changes are as follows:
 
-An increase in the LPA/EPA Application to Register fee from £120 to £130.
 
-The introduction of a new ‘Repeat Application Fee’ of £65 each time an LPA is resubmitted to the OPG within 3 months of the invalid application being sent back to the applicant.
 
-The cessation of the production of LPA office copies by the OPG, except in extreme and limited circumstances, and for a fee of £35.
 
-The removal of the Application to search the Registers fee.
 
-The replacement of Type 1, 2A and 2 supervision fees with a flat fee of £320.
 
-The introduction of an administration fee of £35 (to which exemptions will be available) for those requiring the minimal level of supervision.
 
– The rise of the maximum threshold of capital for those cases qualifying for minimal supervision from £16,000 to £21,000 over a period of 4 years.
 
-The introduction of a new Fee Remissions policy of 50% for those who have a gross income of up to £12,000.
 
-The renaming of a number of OPG Fees in order to make it clearer what they cover.
 
The Government’s Response is available to view on the Ministry of Justice Website via the below link:
 

WE Solicitors has met the strict criteria set out by APIL (Association of Personal Injury Lawyers) to gain corporate accreditation status. The firm can now display the APIL logo as a mark of its expertise and dedication to finding justice for people injured through no fault of their own.

Steven Evans, Managing Partner who has also been accepted as a Fellow of the Association of Personal Injury Lawyers said “We’re very proud to be recognised by APIL in this way,”

“When someone is suffering with an injury or work related illness they can feel incredibly vulnerable and may have little knowledge of the personal injury system. It’s comforting for them to know their lawyer has credentials and abides by APIL’s code of conduct, which means their pursuit of fair redress will be handled with the utmost professionalism.”

  • The Association of Personal Injury Lawyers (APIL) has been fighting for the rights of injured people for more than 20 years. A not-for-profit campaign organisation, APIL’s 5,000 + member lawyers (mainly solicitors, barristers and legal executives) are dedicated to changing the law, protecting and enhancing access to justice, and improving the services provided for victims of personal injury.
  • Visit APIL’s website at www.apil.org.uk.

Why Everyone should have one.

A client came to WE Solicitors to make a Lasting Power of Attorney after reading the following article.

Taken from the Police the National Association of Retired Police Officers Magazine. A reader wrote in to tell her story as follows: 

“The article about Lasting Power of Attorney in the November issue of the magazine. I wish someone had told me about it I will tell you why it is essential and how it affected me.

My nightmare began when my husband, a retired Chief Inspector in the RUC aged 64 had a DVT in his brain in an aeroplane on the way to visit Australia. When we finally were able to travel home he was admitted into a psycho-geriatric hospital for treatment.

Everything we owned was in joint names, the car, our house, investments and bank accounts. By doing this we thought that we were safe.

How wrong we were!

I must have been in a state of nerves and anxiety and I have no idea how it happened, but the Court of Protection took over our lives. I had never heard of it and when someone telephoned to tell me that all our accounts had been closed and I could no longer write any cheques or draw any money I was horrified. As I said, we thought all was safe money wise.  I had nothing.

Old age pension did not come until my husband was 65 and therefore I got none either. I had a teachers pension but that was in the joint account and I had no access to it now. I was told that I would be given a cheque to pay for my husband’s necessities and nursing home fees and it would be topped up as necessary. I was to send receipts for everything I bought for him. The cheque came and I was told to open a receiver’s account in my name as receiver for my husband.

The bank tellers did not seem to know what to do and after four banks refused to help I went into bank number five in tears. The sympathetic manager, when I explained what was needed, opened the account for me and one hurdle was crossed.

The next problem was to open an account in my own name for my pension to go into, but it takes time and the pension was put into the now Court of Protection account before I could stop it.

Another month with no money.

The car was bought with our joint account cheque, I was allowed to keep it and was given free car tax, which helped, but I was told that it was only to be used for the benefit of my husband i.e. hospital visits and shopping for him. I did mine at the same time!

The car was bought with our joint account cheque, I was allowed to keep it and was given free car tax, which helped, but I was told that it was only to be used for the benefit of my husband i.e. hospital visits and shopping for him. I did mine at the same time!

It took quite a few months before the cheque for my half of all monies came from the court and life was difficult to say the least in the meantime.

After about 2 1/2 years my husband died. I went to contact my solicitor to tell her of his death and to ask for his will and for the address of the Court of protection that I could tell them too. The solicitor told me that she would do it for me and named her price per hour for the work. By this time, with nursing home fees I was very hard up, so told her that I would do it myself if she would be so kind as to tell me the address of the Court of Protection.

She looked at me and said ……. wait for it! ” Mrs Smith, I spent four years learning how to be a solicitor, I give nothing away”. After I had dried my tears, remember my husband had died that morning. I summoned what dignity I could gather and went straight to the Citizens Advice Bureau. Where I was given the address and sympathy.

It took quite some time for the Court of Protection to settle our affairs and to send me the cheque for the remaining part of the money that had not been used for my husband’s care, but there was no interest given. When I asked for the interest I was told that it had been used for court charges plus an extra £61. I never knew who they were protecting, it certainly was not my husband, as I did all for him, and it was not me.

So! Please, please, anyone who has not got power of attorney get it and save yourself money and heartbreak. I only wish someone had told me about it sooner. Also, it is a good idea of everyone over the age of 60 to have an account in their own name to fall back on in times of emergency like mine”.

Thank you for taking the time to read Mrs Smith’s Story. Do not let this happen to you. Make a Lasting Power of Attorney. Book an appointment today.

For a Free Consultation please ring 0880 294 3065

Or email jo-ann.mason@wesolicitors.com

The current timscale for registered LPA’s to be returned from the Office of the Public Guardian is 13 weeks.

To read the Public Gardian’s letter on current registration times click on the followng link:
http://www.publicguardian.gov.uk/about/regtimesupdate.htm

Neil Barker was in a motorbike accident that left him with serious brain injuries. He was later awarded compensation £1.7m. His Solicitor, who had dealt with his personal injury claim, was then appointed as his Deputy by the Court of Protection to deal with his financial affairs on his behalf.

Trusha Velji a wills and probate solicitor with WE Solicitors has recently been made a trustee for the Manchester Carers. This body is the focal point for people who are looking after relatives who may be elderley or have a disability.