Court Of Protection Solicitors for clients in Sussex including Brighton, Uckfield and Seaford
Whether due to age, accident, catastrophic injury or illness, a time may come when someone close to you can no longer manage their own affairs. At Rix & Kay, we have experts on hand to take you through the court process and protect that person’s legal interests and, ultimately, their quality of life.
Loss of mental capacity is very distressing, both for the person concerned and those caring for them. When it comes to finances, property and other affairs, there can be major practical problems if someone is unable to pay the bills or make decisions on their behalf.
Forward Planning
Lasting Powers of Attorney (LPAs) gives someone else – for example, spouse, partner, friend, relative or an experienced professional lawyer – the authority to act on behalf of someone who can no longer manage their own affairs.
When Help Is Needed
If someone lacks mental capacity but does not have a Lasting Power of Attorney in place, their bank accounts, investments and other assets can be frozen. We can apply on a client’s behalf for authority to be granted to others, when the client is unable to handle their own affairs.
At Rix & Kay, we have a specialist team handling cases where clients lack capacity. Through the Office of the Public Guardian, our team manage the affairs of elderly and severely injured clients. For those with compensation claims, they work closely with our nationally renowned Catastrophic Injury Team.
Professional Deputies
Many people do not want the responsibility of managing money. Rix & Kay offer a service to handle this on the client’s behalf. Rix & Kay has team members who act as professional deputy or attorney for many clients. With an emphasis on long-term planning, we can ensure clients receive the best level of care throughout their lives.
Our involvement goes beyond the legal work. We provide a support network, with a personal interest in safeguarding the person’s financial affairs, welfare and quality of life.
Support When It’s Really Needed
The Mental Capacity Act requires us to distinguish between the things a person can and cannot do. Where possible, we work with the person, instead of making assumptions – to ensure their best interests are properly understood.
At Rix & Kay, we can also advise on making applications to the court, in cases where there is a need for consent for medical treatment. Where there is a dispute, we can help resolve the matter as quickly as possible.
We work with families, case managers and other professionals to create a framework that will meet the client’s needs in the long-term and make the most of available funds – whether that’s limited savings or a multi-million pound settlement.
Money may need to be spent on arranging residential care or modifications to the client’s home and arranging nurses and other carers.
As well as dealing with clinical and practical expenses, we actively support spending on creative and life-enhancing things too. We will often suggest, then find ways to pay for, holidays, hobbies, social events and cultural activities as appropriate; things that deliver real quality of life.
Catastrophic Injuries Or Medical Negligence
A severe brain injury due to accident, illness or medical negligence can happen to anyone, young or old. Where a large financial settlement is involved, Rix & Kay can help manage the money, including any interim payments, to provide the care the person needs for as long as they need it. Since costs will often be covered under any claim, the injured person will not have to pay for
Rix & Kay’s assistance; an important consideration, especially in the early years.
Tax Planning / Wills
A will can be made on behalf of someone who lacks capacity. Often this is vital in order to save tax. Where someone lacks capacity the court can authorise gifts as a means of achieving tax savings for that person and their family.
