Nigel Jones - Court of Protection and Deputyship - Solicitors

Nigel Jones, Solicitor. Presentation: The Court of Protection

Presented by Nigel A. Jones, Senior Director and Solicitor

Nigel Jones - Solicitor - March 2014

Nigel Jones, Solicitor. Presentation: The Court of Protection.

Nigel Jones, Solicitor and Senior Director

26-28 James Street, Cardiff Bay, Cardiff, Wales, UK,

CF10 5EXTel: 029 20 456780

Email: [email protected]


JMD Law – experts in……… Accident Compensation Claims Business Advice Business Sales and Purchases Commercial Property Defamation - Libel & Slander Doctor and Hospital Neglect Employment Litigation Residential Conveyancing Professional Negligence Wills Probate Lasting Powers of Attorney Care Charges Court of Protection


The Court of Protection is a specialist court for all issues relating to people (of all ages) who lack capacity to make specific decisions, e.g. the elderly suffering from dementia, mental illness or brain injuries. People who have already lost capacity.

The Court makes decisions and appoints Deputies to make decisions in the best interests of those who lack capacity to do so.


The Court of Protection (CoP)

What - Someone who takes over the financial and property affairs of PP by stepping into PP’s shoes, and sometimes “Welfare” decisions.

Who - Anyone, provided approved by the Court and there is no objection from a third party. This picture is not what we look like!


What is, and who can be, a deputy?

Because I am one of only four Solicitors in Wales on the CofP approved Deputy Panel;

Because the person concerned is not capable of handling his/her affairs;

No family or lost contact with family; Family scattered far and wide; Family Dispute/at War; Local Authority wants payment of its fees; Concerns over existing Deputy; Concerns over decisions that have been or to

be made by the person concerned.


So why would the CoP appoint Nigel Jones?

I take over and look after the financial and property affairs and sometimes welfare decisions of the protected person;

Ensuring the protected person not being unduly influenced / abused; Properly cared for both in residential setting and Healthcare setting –

is the Care Home the correct one?; That the protected person is not being charged privately when NHS

should pay; Entitlement to benefits; Ascertaining what the protected person wants and needs and giving

effect to them; Sell Property and effects if necessary; Ensure Care Bills and other expenditure is paid; Tax Returns; Statutory Will; Resolving and dealing with family disputes and claims


What do I do as a Deputy?

Living In a care home Checking her statements and benefits; Making sure she has necessary spending money, e.g. for

hairdresser, outings, bingo; New Television; Safe deposit box / New watch; Attending Mass once a week – the charity of the RC Church; Ensuring she is treated properly; Her money is invested properly; Paying her monthly subscription to a Irish Catholic

Magazine; Being there to support her and to talk to.


Examples of life as a Deputy - Dorothy

Living in a Care Home Has children from her first and some from her second

marriage Very wealthy with 6 properties Valuing the Properties and appointing managing agents to

look after them and the Tenants A very dubious Will purportedly made by her leaving her

considerable estate (of over £1m) to only one ‘side’ of her family and rectifying that by a Statutory Will dividing the estate equally between her children

The Statutory Will has to be approved by the CoP


Examples of life as a Deputy - Mabel

Costly Slow Often contentious Stressful Beware of your obligations! We recommend making a professionally

drafted Will and setting up Lasting Powers of Attorney early so CoP proceedings will be unlikely.


CoP drawbacks:


Any questions? – Please contact Nigel Jones at JMD LAW on 029 20 456780

Nigel Jones - Court of Protection and Deputyship - Solicitors

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Transcript of Nigel Jones - Court of Protection and Deputyship - Solicitors