Court of Protection


picture of Court of ProtectionCourt of ProtectionStella Mullane, Lisa Jones,

That’s where we can assist

At Rix & Kay, we have a specialist team handling cases where clients lack capacity. Through the Office of the Public Guardian, or by apointing us as attorneys, our team manage the affairs of elderly and severely injured clients.  For those with compensation claims they work closely with our nationally renowned Catastrophic Injuries Team.
 

­­­Planning ahead

Lasting Powers of Attorney (LPAs) give someone else, for example, your spouse, partner, friend, relative or an experienced professional lawyer, the authority to act on your behalf. We can help you and those people caring for you and make sure your affairs are administered properly.



 

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 your behalf for authority to be granted to others so that they can deal with your affairs in your best interests. 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 and taking control, to ensure their best interests are  properly understood. We can also advise on making applications to the court, in cases where you need to give consent for medical treatment. If there is a dispute, we can help resolve the matter as quickly as possible.
 

Support when you really need it

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 it is a small amount of savings or a multi-million pound settlement. This could include arranging residential care, or modifications too 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.   So we will often suggest, then find ways to pay for, holidays, hobbies, social events and cultural activities as appropriate. We believe that these things mean 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, we will 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, you will not have to pay for our assistance which is an important consideration, especially in the early years.

 

A complete service

As one of the region’s largest firms, we can call on specialists from our other departments to handle related matters, including:
•    Property sales
•    Employment law, such as contracts and Working Time Directive issues for carers
•    Tax planning, including gifting of surplus assets and income
•    Wills, trusts and probate
•    Litigation
•    Matrimonial and family law

 

With you all the way

Our involvement goes beyond the legal work. We are part of your support network, with a personal interest in safeguarding the person’s financial affairs, welfare and quality of life. So call on us any time.
It is what we are here for.
 

Whether through age, accident, catastrophic injury or illness, a time may come when you can no longer manage your own affairs. At Rix & Kay, we have experts on hand to protect your legal interests and ultimately, your 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 take decisions or consider the legal implications of such decisions.