Diane Vincent
Chartered Legal Executive
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Date Published:04 Mar 2019 Last Updated:27 Jul 2021

Court of Protection praises good practice when acting as deputies for property and financial affairs

Wills, Trusts & Probate

The Court of Protection, who is based in London, has authority over the welfare, property and financial affairs of people who are unable to make decisions for themselves due to a lack of mental capacity. The Court of Protection therefore has the power to appoint “Deputies” to make decisions in their best interests.

We recently received an Assurance Visit from a Court of Protection Visitor in our Canford Cliffs office to assess and go through the way we deal with the Court of Protection general management of a number of our client’s property and financial affairs.

Following the visit a report had been collated highlighting our success in being compliant with all aspects required of our firm.

There were a number of categories that received extremely positive feedback regarding the management of our deputyships:

Securing the client’s finances and assets

The firm was praised on meeting the requirements that had been outlined in the Office of the Public Guardian deputy standing, where we regularly review client’s assets, income and outgoings.

Internal office processes and organisation

In relation to our office processes and organisation through the firm, the visitor highlighted files being kept in an organised manner and that we maintain full oversight of our client’s cases.

Safeguarding and wellbeing

We received extremely positive feedback regarding the procedures put in place and the knowledge we hold, should any safeguarding issues arise. If the level of care at a nursing home, or within the care team, was not up to standard we would act and intervene as appropriate.

Making decisions for clients

When making important property and financial decisions we will always consult with the client prior to making a decision. We take all practicable steps to make sure the client is supported to make a decision themselves. If this is not possible, we will gain insight from the client’s family in order to reach a conclusion that is in their best interests.

As part of the assurance visit, the visitor reviewed a number for clients that we manage. When visiting Mr H, the visitor stated the client was happy that Ellis Jones Solicitors were managing his property and financial affairs in his best interests.

If you would like information on how our expert Solicitors can assist with this area of the law and helping to make the best decisions for those involved, please call us on 01202 525333 or visit ellisjones.co.uk