jml-law; mental incapacity; court of protection; impairment

Mental Incapacity & Court of Protection

JML Law can assist with various important matters where a person has lost the ability to take particular decisions by reason of an impairment of, or disturbance in the functioning of, a person’s mind.

These include:

 

  • Advice on mental capacity and the legal thresholds required to take relevant decisions.
  • Assisting in the registration of a Lasting or an Enduring Power of Attorney where the donor has lost or is losing their mental capacity to manage their affairs.
  • Acting on behalf of named persons, attorneys or notified relatives (or even donors) to raise objections to the registration of a Lasting or an Enduring Power of Attorney where, for example, it is believed to be invalid or there are concerns about the suitability of an attorney or the way in which he or she is proposing to act.
  • Making an application to the Court of Protection where necessary for an Order to manage a person’s property and financial affairs where they are mentally incapable and have not made a power of attorney. This is called a Deputyship.
  • Making other applications to the Court of Protection where appropriate, for example to authorise a significant gift or a Statutory Will be made on a person’s behalf where they are mentally incapable of doing so.

 

Standard fees are typically as follows, including all incidental advice:-

 

  • Registration of a Lasting Power of Attorney: £200 to £250 plus Vat
  • Registration of an Enduring Power of Attorney: £300 to £350 plus Vat
  • Court of Protection application for a financial Deputyship: £950 plus Vat
  • Court of Protection application to replace a mentally incapacitated trustee: £500 plus Vat
  • Court of Protection application to make a Statutory Will or a Gift on behalf of a mentally incapacitated person ("P"): £2,500 plus Vat (excluding the costs of the Official Solicitor, usually appointed by the Court on behalf of P, and of any other party who is legally represented)

 

Fixed fees may be less than stated if the matter is very straightforward, but will be more than stated if the matter proceeds to be involved or complex. We will advise you of any such fee variation at the earliest available opportunity and before any additional fees are incurred.

 

Any additional work in this area will be charged at an hourly charging rate of £130 plus Vat, with a quote or fee estimate being confirmed once it becomes possible to estimate the volume of work involved.

 

All fees quoted above exclude any disbursements (i.e. payments to others required to progress the matter), which you will be advised of separately at the earliest available opportunity.

Julian M Lee is an accredited member of Solicitors for the Elderly

JML Law is a regional member of the Certainty National Wills Register

JML Law is authorised and regulated by the Solicitors Regulation Authority (SRA number 614498)

 

Meetings by appointment only

 

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jml-law; mental incapacity; court of protection; impairment
jml-law; mental incapacity; court of protection; impairment
jml-law; mental incapacity; court of protection; impairment