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Court of Protection and the Public Guardian

The Public Guardian, supported by the Office of the Public Guardian, is a product of the Mental Capacity Act 2005. The same Act resulted in changes to the Court of Protection.

As the changes are relatively recent it is important that any solicitor you consult is knowledgeable about the present and the law prior to the implementation of the 2005 Act.

Clair Dunkerley, Head of our Private Client department, has the knowledge and expertise in both these areas.
01429 230034 or email cdunkerley@tmjlegal.co.uk and oversees our Court of Protection solicitors.

When you might need our help

If someone becomes mentally incapable of handling their affairs and has not completed an Enduring Power of Attorney or a Lasting Power of Attorney it will be necessary to appoint someone else to manage those affairs. This person is known as a deputy.

We are able to provide advice and assistance in these circumstances

We know that acting as a deputy and complying with the complex and detailed requirements, including providing annual accounts, of the Court of Protection is difficult. For this reason we offer a professional deputy service or if preferred become involved in handling the detail for the deputy.

Wills

If a person has capacity to make a will (understands what he or she is doing) we can help. If a person does not have capacity but family, friends or carers feel that a will is required again we can help with an application to the Court of Protection for the drafting of a statutory will.
Family members of disabled relatives may be anxious to ensure that money they leave for disabled relative will be in addition to means tested benefits. We can help by drawing your will incorporating appropriate trusts

The Public Guardian and Office of the Public Guardian deal with

We are knowledgeable about the very detailed requirements and know how to avoid becoming entangled in the inevitable beaurocracy of government departments.