Legal Knowledge Hub | Welford Solicitors

Welford Solicitors and Legal Aid: Getting Court of Protection Help at No Cost

Posted on May 5, 2026May 5, 2026 by admin

When someone can’t make certain decisions for themselves about their care, treatment or finances the Court of Protection is there to ensure those decisions are made lawfully and fairly.

But for many families, the first concern isn’t the law itself — it’s the cost.

How can you get help if you can’t afford a solicitor?

That’s where legal aid comes in.

It’s a public funding system that makes legal representation accessible to everyone, not just those who can pay for it. In many Court of Protection cases, that means help is completely free.

What the Court of Protection Does

The Court of Protection was established under the Mental Capacity Act 2005 to protect individuals who lack capacity to make specific decisions.

It deals with three main types of cases:

Health and welfare – deciding where someone should live or what care they receive.
Medical treatment – authorising or refusing treatment when capacity or consent is unclear.
Property and finance – appointing deputies to manage money or assets.

Every decision the Court makes must be in the person’s best interests and in line with their legal rights.

These are sensitive, often emotional cases. Having a solicitor who understands the process and knowing that funding is available can make everything more manageable.

Why Legal Aid Exists

Legal aid is a cornerstone of the justice system.

It ensures that people who cannot afford legal help are still able to access it when their rights, liberty or welfare are at stake.

In the context of the Court of Protection, legal aid guarantees that the most vulnerable — those who can’t speak or act for themselves — still have representation.

It’s not a benefit or a favour; it’s a legal right.

If your case qualifies, the government pays your solicitor directly through the Legal Aid Agency.

When Legal Aid Covers Court of Protection Cases

Legal aid isn’t one-size-fits-all. Whether it’s automatic or means-tested depends on what the case involves.

1. Welfare and Liberty Cases — Non-Means-Tested

If the case concerns a person’s welfare or liberty, funding is almost always non-means-tested.

This means there’s no financial assessment — eligibility is automatic.

Examples include:

Deprivation of Liberty Safeguards (DoLS) cases,
Section 21A challenges under the Mental Capacity Act,
Serious medical treatment cases
Disputes about care or living arrangements that restrict freedom.

In these situations, the person at the centre of the case called “P” automatically qualifies for legal aid.

The court may appoint the Official Solicitor or another representative to act on P’s behalf, ensuring their views are presented clearly and independently.

2. Property or Financial Cases — Means-Tested

When the issue relates to managing money or property, legal aid can still apply but is means-tested.

The Legal Aid Agency reviews income, savings and assets to decide if the applicant qualifies.

If approved, it can cover all or part of the legal costs.

While financial cases are assessed differently, the aim remains the same making sure access to justice isn’t denied because of cost.

What Legal Aid Covers

Legal aid isn’t just about paying for a court hearing. It covers the entire legal process, including:

Early advice from your solicitor,
Preparing and filing the application,
Gathering medical or capacity evidence,
Communicating with professionals and relatives
Representation in court hearings.

If the matter is urgent for instance, where medical treatment can’t wait, emergency legal aid can be approved within hours.

Your solicitor handles the paperwork directly with the Legal Aid Agency, so you can focus on the case, not the forms.

Why It Matters

Without legal aid, many people would be left unrepresented in cases that directly affect their wellbeing and freedom.

It ensures that:

Everyone’s rights are respected, regardless of income.
Public authorities remain accountable for decisions affecting vulnerable people.
Families have support navigating the process.

Legal aid doesn’t just fund legal advice — it keeps the entire system fair.

What Happens When Legal Aid Is Granted

Once legal aid is approved, the solicitor represents you or your loved one throughout the process.

The funding covers the cost of legal advice, representation and any expert assessments needed to support the case.

If the person at the centre of the case lacks capacity, legal aid ensures their voice is still heard often through an independent advocate or the Official Solicitor.

It means the case is decided on evidence and law, not on who can afford to attend court.

How Welford Solicitors Help

At Welford Solicitors, we specialise in Court of Protection and mental capacity law.

Our solicitors work with families, professionals and advocates to ensure every case is handled lawfully, sensitively and with care.

Here’s how we help clients access legal aid:

Checking eligibility

We quickly assess whether your case is non-means-tested or means-tested and apply for funding on your behalf.

Applying for emergency funding

If a decision is urgent such as an emergency order for serious medical treatment we can secure funding immediately so the case can proceed without delay.

Representing you in court

We present the case clearly and ensure that all evidence, medical reports and legal arguments are properly prepared and understood.

Keeping it personal

We know these cases are about people, not paperwork. Every step is explained in plain English, so you understand what’s happening and why.

Access to Justice, Not Cost

When it comes to care, liberty or medical treatment, no one should hesitate to seek legal help because of money.

Legal aid makes sure that doesn’t happen.

If the case is about welfare or freedom, the funding is automatic.

If it’s about property or finances, the means test ensures support is still available where it’s genuinely needed.

The goal is simple: to make the justice system fair for everyone, not just the few.

What Is The Care Act 2014?

Posted on May 5, 2026May 5, 2026 by admin

The Care Act 2014 changed how adult social care works in England.

It brought together decades of confusing laws into one clear system designed to protect people who need care and support and the carers who look after them.

It’s a law built on three ideas: dignity, choice and fairness.

It defines how local authorities must assess, plan and fund care for adults and how they should work with the NHS, families and social workers to meet people’s needs.

Understanding it matters because the Care Act doesn’t just shape care services; it also affects legal decisions made in the Court of Protection, especially for those who lack mental capacity.

Why the Care Act Exists

Before 2014, adult social care law was messy and inconsistent.

Different councils followed different rules. People often didn’t know what support they were entitled to or how to challenge poor decisions.

The Care Act replaced that with one national framework. It made local authorities legally responsible for promoting wellbeing and protecting vulnerable adults not as an option but as a duty.

It also gave carers new rights and put prevention at the heart of social care. The idea was simple: help people stay independent for as long as possible and make sure care decisions are fair, lawful and transparent.

What the Law Covers

The Act applies to adults aged 18 or over who need care or support because of illness, disability or frailty.

It also protects carers who provide unpaid support to friends or relatives.

Under the Act, local authorities must:

Assess needs – regardless of finances or diagnosis.
Decide eligibility – using a national threshold so the system is consistent.
Plan and fund care – in partnership with the person and their family.
Review regularly – to ensure care remains suitable.

These duties are legally enforceable. If an assessment or decision is mishandled, it can be challenged sometimes through the Court of Protection or judicial review.

The Focus on Wellbeing

One of the most important parts of the Care Act is its definition of wellbeing.
It’s not just about safety or physical health. It includes:

Mental and emotional health,
Control over daily life,
Relationships and social connections,
Dignity, independence and choice.

This wellbeing principle must guide every care decision. It’s what local authorities, care providers and courts use to judge whether a plan is fair and proportionate.

How It Links to the Mental Capacity Act 2005

The Mental Capacity Act 2005 and the Care Act 2014 often work side by side.

The Mental Capacity Act sets the rules for making decisions when a person can’t do so themselves for example, because of dementia, brain injury or mental illness.

The Care Act then ensures those decisions turn into real-world support.

If professionals or family members disagree about what’s best for a person who lacks capacity, the case can be referred to the Court of Protection.

The court decides what’s lawful and in the person’s best interests guided by both Acts.

The Role of the Court of Protection

The Court of Protection oversees decisions for people who cannot make them independently.

In care cases, that often means deciding:

Where someone should live,
What care they should receive,
Who they have contact with
Whether restrictions on their liberty are justified.

The Care Act’s emphasis on wellbeing and fairness often shapes how these cases are judged.

The court ensures care decisions are not only medically sound but also lawful and respectful of personal rights.

When care arrangements limit someone’s freedom for example, constant supervision or being unable to leave a care home the court may review whether this amounts to a deprivation of liberty and if it needs authorisation.

Serious Medical Treatment and the Care Act

Some of the most complex cases arise when doctors and families disagree about serious medical treatment — surgery, life support or withdrawal of care.

If the person lacks capacity, these decisions go to the Court of Protection.

While the Mental Capacity Act governs decision-making, the Care Act ensures the person’s wider welfare is still considered including support for carers, advocacy and post-treatment care planning.

This joined-up approach means that social care and medical care are treated as part of the same legal framework, not separate systems.

The Responsibilities of Local Authorities

Under the Care Act, councils have specific, ongoing obligations. They must:

Provide clear information about services,
Offer assessments to anyone who may need care,
Involve people in decisions about their support and
Protect individuals from abuse or neglect.

They must also coordinate with NHS and mental health professionals, ensuring that no one falls through the gaps between social care and healthcare.

When councils fail to meet these duties, families can challenge decisions through formal complaints, the Local Government Ombudsman or, in serious cases, legal action.

The Role of Mental Health Solicitors

Mental health solicitors often become involved when care, treatment and liberty overlap.

They represent clients in cases involving:

Disputes over care plans or placements,
Applications to the Court of Protection and
Complex decisions about medical treatment or capacity.

They also support families through processes like a court application for serious medical treatment, ensuring that decisions respect the law and the person’s best interests.

In many cases, legal aid is available especially where a person’s liberty or capacity is in question.

Why the Care Act Still Matters

A decade after it came into force, the Care Act 2014 continues to define how England approaches adult care.

It’s not just about funding or assessments. It’s about rights — the right to dignity, safety and autonomy even when support is needed.

It ensures that local authorities remain accountable, that carers receive recognition and that the system treats people as individuals, not cases.

When combined with the Mental Capacity Act and the oversight of the Court of Protection, it forms a complete framework — one that protects some of the most vulnerable people in society.

When Legal Help Is Needed

Understanding the Care Act is one thing; applying it can be another.

Disputes over funding, assessments or capacity decisions can escalate quickly.

That’s where early advice helps.

Welford Solicitors specialises in Court of Protection, mental capacity and healthcare law, including cases that involve the Care Act 2014 and serious medical treatment applications.

Our solicitors guide families, professionals and advocates through the process with clarity — ensuring decisions are lawful, fair and focused on the person’s wellbeing.

5 Legal Issues in Digital Health Solutions

Posted on May 25, 2022 by admin

Tags – Legal Issues in Digital Health Solutions

As technology advances and more people move to digital solutions, the health industry is quickly following suit.

In fact, a recent study by PwC found that 78% of healthcare providers plan to invest in or expand their digital health services in the next three years.

This is great news for patients and providers alike, as digital health solutions offer many benefits over traditional methods: patients are being treated remotely via mobile doctor apps, symptom-checking bots are triaging patients and providing tailored advice, and new remote consultation and tracking solutions are entering the market at a rapid pace.

However, with this progress comes new legal challenges. In this blog post, we will discuss 5 of the most pressing legal issues in digital health solutions.

1. Data Protection

Organisations that use patient data will have to identify whether they are a processor or controller, and adhere to any relevant GDPR regulations.

There may be tough GDPR problems to tackle, such as consents, security measures, and data transfer limitations.

During the pandemic, the UK’s Information Commissioner’s Office released advice stressing that data protection does not prevent organisations from sharing information or changing their operations – data protection is about being proportionate.

However, the GDPR is only one piece of the puzzle when it comes to using patient data.In the UK, the common law duty of confidentiality between doctors and patients may need to be considered; this limits healthcare professionals’ ability to exchange information.

There are also the National Data Guardian’s Data Security Standards and the UK’s National Health Service’s (NHS) detailed information governance standards to consider.

2. Registration Requirements for Regulated Activities

There is no telemedicine-specific legislation in the UK, resulting in a more digital health-friendly environment than some other countries.

However, your business may still be required to register particular regulated procedures with the UK’s Care Quality Commission (CQC), such as triage and remote medical consultation.

The registration procedure is lengthy and includes a thorough application process, an evaluation by the CQC, and a CQC inspection.

Providers of licensed services must also adhere to ‘fundamental standards’ and guidance on topics such as patient mental capacity and assurance of patient identification.

3. Liability

It’s wise that digital health providers consider and mitigate several potential avenues for liability claims. This includes:

Strict liability under the Consumer Protection Act 1987, which implements the EU Product Liability Directive
Fault-based liability for negligence, such as medical negligence claims
Contractual liability (depending on the contracts entered into)
Exposure to liability under the MDD and MDR

There is quite a high, and ever increasing, appetite for medical negligence actions in the UK.

4. Market Access and Reimbursement

In the UK, the NHS is by far the largest customer of healthcare products and services.

The NHS, however, may be a difficult customer to deal with – processes are decentralised and complex, and they differ from one NHS trust to the next.

As such, defining the ways that governments might use electronic health technologies in a post-implementation context will help us better understand how they affect public money and procurement rules.

The complexities of contracting with NHS bodies, including the monetary thresholds for contracts which may necessitate public tenders by hospitals, potential commercial models of supply, and reimbursement.

5. Medical Device Regulation

There’s a chance your digital health solution will be regulated as a medical device in the EU if it has a medical function.

There are some exceptions, but in most cases, a company should conduct an evaluation to see whether this is the case and to determine the classification of any potential medical device.

The UK’s Medicines and Healthcare Products Regulatory Agency (MHRA) is laser-focused on prioritising any technologies that can assist in the fight against COVID-19, so any digital health tool that may aid in this will almost certainly be given high priority in reviews and approval processes.

In certain situations, the MHRA may allow manufacturers to market non-CE labelled goods in the interest of public health protection.

Final Remarks

There’s a new direction to make it simpler for commissioning bodies to embrace digital healthcare technologies, and for inventors to facilitate this.

The National Institute for Health and Care Excellence (NICE) has created an evidence standards framework for digital health technologies that addresses efficacy and economic impact criteria.

The UK has also established a ‘Code of conduct for data-driven health and care technology’ to outline the government’s standards for those developing, deploying, and utilising data-driven technologies in the NHS.

As with the MHRA, NICE is placing a high value on COVID-19, therefore any digital health solutions in this area are likely to be given special attention by NICE during evaluation and approval procedures.

For more information, please get in touch today.

In the meantime, take a look at our Court of Protection solicitors here.

You may also like:

How to Make Payments under a Lasting Power of Attorney

Posted on March 31, 2022 by admin

Tags – Making Payments under a Lasting Power of Attorney

When you’ve been appointed as someone’s Lasting Power of Attorney (LPA), there are two main sides.

On one hand, you have the authority to make very critical decisions on that person’s behalf – something which could be detrimental if they can’t do this themselves.

On the other hand, you have a wide range of responsibilities, where you’re expected to act in that person’s best interests and not to abuse your powers.

If you have been named as the power of attorney for a loved one, it is important that you know how to make payments and manage their affairs.

After all, your friend or family member who has granted the LPA has put all of their trust in you. This can be a lot of responsibility, but with the right information, it can be a breeze.

In this blog post, we will outline the basics of making payments and managing affairs under a lasting power of attorney.

Lasting Power of Attorney

An LPA differs from an ordinary power of attorney as:

you can make separate LPAs: one which looks after the health and care decisions and one to look after property and financial affairs
an LPA has to be registered before it can be used
an LPA allows you choose people to look after your affairs if you lose mental capacity

When to Make a LPA

Anyone can make an LPA if they ever suffer mental impairment, but this can only be made whilst you are still capable of making your own decisions.

If you have been diagnosed with, or believe you may develop, an illness that might prevent you from making decisions for yourself at some point in the future, you should also complete an LPA.

The following are examples of illnesses that might prevent you from making your own decisions:

Dementia
Mental health problems
Brain injury
Alcohol or drug misuse
The side-effects of medical treatment

Types of LPA

There’s two types of LPA:

Property and finance; and
Health and welfare

Property and Financial Affairs

A property and financial affairs LPA has the authority to make decisions about things like:

Buying or selling property
Bank, building society and other financial accounts
Welfare benefits or tax credits
Tax affairs
Debts
Making payments or gifts

Property and financial matters can be delegated, such as giving them power of attorney to manage all of your property and financial affairs or just certain things, such as operating a bank account, buying and selling real estate, or changing investments.

If you want to create an LPA that only deals with specific issues, make sure it’s drawn up.

Before you can make use of a property and financial affairs LPA, it must be filed with the court. You do not, however, have to wait until someone loses their mental capacity before using it.

As soon as a property and financial affairs LPA is registered, it becomes effective. This means that the attorney will be able to take action regarding your property and financial affairs immediately, even if you are still capable of making your own decisions. If you don’t want the attorney to have power over your affairs immediately, make sure the LPA allows it.

Making Payments or Gifts

In addition to selling Attorneys selling property, making payments or gifts is arguably one of the most common powers to abuse.

However, if you don’t fulfil your responsibilities, it might result in significant financial and legal ramifications.

Furthermore, a lack of understanding of these obligations is no defence – all attorneys are held accountable to the highest standards.

As such, it’s all the more vital to understand what is expected of you. It should be noted that the powers you have as an attorney depend on the type of LPA you’ve been granted; remember there are two kinds:

Property and finance; and
Health and welfare

In order to make payments or gifts on the donor’s behalf, you need to have been granted a property and finance LPA. If you have only been granted a health and welfare LPA, you do not have the authority to make any decisions regarding the donor’s money.

Sometimes, both types of LPA are granted, so check the terms under which you act to determine how much you can do.

Your Duties as an Attorney

As we mentioned earlier, an attorney must always act in the best interests of the donor.

Therefore, any payments or gifts made must be sincere and in their best interest.

By best interests, this doesn’t mean “self-interest”; there are more things to take into account than simply what would benefit the donor.

For instance, giving gifts to people who the donor may have been expected to support. The rules governing gift-giving are far more stringent than those that apply to paying for goods or services, i.e. gifts can be made on occasions like births, marriages, or birthdays etc., and only to those people who are closely connected with the donor. The amount should also be appropriate in terms of the circumstances of the gift and the donor’s financial position.

Please contact us today to find out more.

Check our Court of Protection Solicitors here in the meantime.

You may also like:

10 Tips to Tame Your Anger: How to Keep Calm When Angry

Posted on March 24, 2022 by admin

Tags – How to Keep Calm When Angry

If you’ve ever felt like you’re about to lose it, then you know how important it is to learn how to tame your anger.

When left unchecked, anger can cause a lot of damage both physically and emotionally.

In this blog post, we will discuss 10 tips that will help you keep your cool when anger starts to take over.

Follow these tips and you’ll be able to stay in control during even the most stressful situations!

Tip 1: Understand What Causes Your Anger

The first step to keeping your anger in check is to understand what causes it.

Is it a certain person or situation that always seems to set you off?

Or do you find yourself getting angry over minor things?

Once you know what triggers your anger, you can start to work on managing it.

Tip 2: Don’t Bottle Up Your Feelings

If you’re someone who tends to bottle up your emotions, then it’s time to start letting them out.

When you hold in your anger, it only makes the situation worse.

Instead of keeping everything inside, find a healthy outlet for your feelings.

This could be anything from talking to a friend or family member about what’s bothering you, to going for a run when you’re feeling frustrated.

Tip 3: Practice Relaxation Techniques

When you start to feel your anger rising, it’s important to take some time to relax.

There are a number of different relaxation techniques that you can try, such as deep breathing or progressive muscle relaxation.

Taking even just a few minutes to calm yourself down can make a big difference in how you handle the situation.

Tip 4: Avoid Hot Button Issues

If there are certain topics that always seem to set you off, then it’s best to avoid them altogether. There’s no need to put yourself in a situation where you know you’re going to get angry.

If you can’t avoid the issue entirely, then try to approach it in a calm and rational way.

Tip 5: Think Before You Speak

When you’re feeling angry, it’s easy to say things that you’ll later regret.

Take a moment to collect your thoughts before speaking, and try to choose your words carefully. Once the anger has passed, you may realize that what you said wasn’t really how you felt after all.

Tip 6: Count to 10 (or 100)

This is a classic anger management technique for a reason – it works!

If you find yourself getting too worked up, take a deep breath and start counting.

By the time you reach 10 (or 100), you’ll likely have calmed down enough to think more clearly about the situation.

Tip 7: Use “I” Statements

When you’re communicating with someone who has anger issues, it’s important to use “I” statements.

For example, instead of saying “You always make me so angry,” try “I get frustrated when I feel like I’m not being heard.”

This will help the other person to understand how you’re feeling without making them defensive.

Tip 8: Avoid Physical Activity

When you’re angry, it’s best to avoid any physical activity. This is because your body is already in a state of arousal and you don’t want to do anything that could escalate the situation.

So instead of going for a run or lifting weights, try something that will help you to relax, such as yoga or meditation.

Tip 9: Don’t Rely on Alcohol or Drugs

It’s important to avoid using alcohol or drugs to cope with anger. This is because they can end up making the situation worse.

Not only will you be more likely to do something you’ll regret while under the influence, but you’ll also have to deal with the aftermath of your actions when you sober up.

Tip 10: Seek Professional Help

If you find that your anger is starting to cause problems in your life, then it may be time to seek professional help.

A therapist can teach you how to better deal with your anger and provide support during difficult times.

If you’re not ready to see a therapist, there are also many helpful books and articles on anger management.

The Bottom Line

By following these tips, you’ll be well on your way to taming your anger.

Just remember that it takes time and practice to learn how to control your anger.

Don’t get discouraged if you have a setback – just keep working at it and you’ll eventually see results.

Want to know more? Get in touch today.

Check our Court of Protection Solicitors here in the meantime.

You may also like:

How to Choose Your Lasting Power of Attorney?

Posted on March 18, 2022 by admin

Tags – How to Choose Your Lasting Power of Attorney

When you are no longer able to make decisions for yourself, who will speak for you?

This is a question that many people do not want to think about, but it is important to have an answer ready.

When you lose mental capacity, a Lasting Power of Attorney (LPA) is a document that allows you to appoint someone else to make decisions on your behalf.

However, making the decision to appoint a LPA is not an easy one. It’s something that should only be done if you are absolutely sure that it’s the right thing for you and your loved ones.

And, if you are thinking about appointing an LPA, it’s important to understand the different types of LPAs and how they work.

In this blog, we will discuss the different types of LPAs and offer some tips for choosing the right one for you.

Types of LPAs

There are two types of lasting powers of attorney:

The type of LPA that you choose will depend on the decisions that you want your appointed representative to be able to make on your behalf.

For instance, if you appoint an LPA for health and welfare, they will be able to make decisions about things such as medical treatment and care.

On the other hand, if you appoint an LPA for property and financial affairs, they will be able to manage your finances and property.

Choosing a Lasting Power of Attorney

When choosing a LPA, it’s important to think about who you trust implicitly to make decisions on your behalf.

As such, this person should be someone who you know will act in your best interests, even if it is not what you would have wanted them to do; they need to be trusted to make wise decisions about your finances and property if you are unable to do so yourself.

So, it’s a good idea that the person you choose as your LPA understands the legal system, and is willing to take on the responsibility of managing your affairs for an extended period of time.

Moreover, when appointing a lasting power of attorney, it’s also important to consider what will happen if they become incapacitated or pass away before you do? If this happens, it could mean that there will not be anyone in place with the ability or willingness to manage your affairs.

Consequently, this could lead to issues with regards to paying bills and ensuring that other people are able to access your property or funds.

To summarise, here are 5 top tips:

Make sure you have the right number of attorneys
Check they are happy to be appointed and give them sufficient information on the decisions they may need to make
Choose those with appropriate skills; i.e. can they manage their own finances?
Ensure they understand your wishes
Choose those you trust

Final Thoughts

If you are considering appointing a lasting power of attorney, it is important to understand why they may be needed and how they work.

By choosing the right lasting power of attorney for you, you can ensure that your affairs will continue to be managed if something were to happen that prevented you from doing so yourself.

Get in touch today to find out more.

In the meantime, take a look at our Court of Protection Solicitors.

You may also like:

5 Alarm Bells an Attorney is Abusing Their Position

Posted on March 16, 2022 by admin

Tags – Attorney Abusing Their Position

When it comes to our personal lives, we rely on attorneys to help us make the best decisions possible.

And, we trust them to give us sound legal advice, and to fight for our rights in court.

However, not all attorneys act in the best interests of their clients.

Unfortunately, some attorneys abuse their power and use their position for financial gain or personal gain.

Sadly, financial abuse of elderly and vulnerable people is becoming more common, and the abuser is often a family member who has been given Power of Attorney.

If you believe that your attorney is abusing their power, there are signs you can look for.

That said, here are 5 warning signs that an attorney’s powers are not being used with good intentions.

1. Not Keeping Finances Separate

It is a Power of Attorney’s duty to only use a donor’s money in a way that will benefit the donor.

And so, they must be able to clearly distinguish what money is their own and what belongs to the donor.

For this reason, attorneys must keep their money in a separate bank account so they can identify what is being used and where.

Consequently, if the donor’s money is mixed with the attorney’s money in a single bank account, there could be instances where the attorney uses the donor’s money for their own benefit.

2. Being Secretive

Alarm bells should ring if an attorney randomly changes any bank account details so that only they have access to it, especially when other attorneys previously had access.

Moreover, if an attorney is unable to explain withdrawals or payments, or refuses to give information about where the donor’s money was spent – again, this is very suspicious.

3. The Attorney Has Financial Difficulties

Vulnerable people are an easy target for people who need some extra cash, especially if they’re facing any financial difficulties.

In other words, people who have been given the position of Power of Attorney may feel tempted to use the donor’s money to clear up their own finances.

And this is a clear breach of an attorney’s duty; it’s worth noting here that anyone who has been declared bankrupt is not eligible to act as a Power of Attorney for property and finance.

4. Loan or Credit Applications

If loan or credit card applications are taken out in the donor’s name, it raises some concerns that the attorney is applying for these for their own personal gain.

And this is especially true if the donor did not take out any loans or credit before they lost mental capacity.

5. Excessive Gifts

Attorneys are allowed to make gifts to people who are connected to the donor, including themselves.

However, these gifts should only be for special occasions, such as birthdays or for Christmas, but the value of these gifts should be in line with what the donor spent when they had capacity.

For instance, if the donor typically gave gifts of around £30, and the attorney is making gifts of £1000, this provides enough evidence of financial abuse.

Wrapping Up

If you suspect an attorney is abusing their position of power, and that a donor’s affairs are being mismanaged, it’s important to carefully note down facts and dates so that the authorities can investigate this.

And, it’s also advisable to act as soon as you become suspicious as any delay could prolong the abuse the donor is being subjected to.

Want to know more? Please contact us today.

In the meantime, take a look at our Court of Protection Solicitors.

You may also like:

What Every Caregiver Needs to Know About the Mental Capacity Act 2005

Posted on March 14, 2022 by admin

Tags – Caregiver Mental Capacity Act 2005

If you are a caregiver for an elderly loved one, it is important that you understand the Mental Capacity Act 2005.

Briefly speaking, this act was put into place to protect the rights of adults who may not be able to make decisions for themselves.

In this blog, we will discuss what the Mental Capacity Act 2005 covers and how it can help caregivers and their loved ones.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 is a law that protects the rights of adults who may not be able to make decisions for themselves.

Simply, it applies in England and Wales where an adult (aged 18 or over) lacks capacity because they have a disability, such as dementia or Alzheimer’s disease.

And this means they are unable to understand information given to them by others, or retain this information long enough to use it when making decisions on their own behalf.

Unfortunately, mental impairment can be caused by illness or accidents, which makes communication difficult.

For example, stroke victims with aphasia; deaf people without hearing aids; blind people etc. Here, such persons can still give valid consent if prompted appropriately, but will need help working out what might happen in any given situation before they make a decision about what happens next.

The Mental Capacity Act 2005 and Caregivers

The Mental Capacity Act 2005 protects people who are unable to make decisions for themselves and allows them to be helped or looked after by others, including their caregivers.

In addition, this act also sets out when someone can legally give consent on behalf of another person (e.g. if it is not possible for the person to do so).

In these circumstances, a carer needs to have permission from an attorney acting in accordance with a Lasting Power Of Attorney, registered at the Court Of Protection in order to provide such assistance as may be required.

Sometimes, this may mean actually making some decisions which might normally require personal direction by law.

For instance, where there is no living will, registering advance decisions about end of life treatment preferences or to agree with medical treatment.

Mental Capacity Act 2005 and the Court of Protection

Lasting Powers Of Attorney registered at The Court of Protection under the Mental Health Act 1983 and Mental Capacity Act 2005, allow a carer (or other named attorney) to manage the affairs of an elderly loved one who may not have capacity in certain circumstances.

For example, where they are disabled from making some types of decision due perhaps having dementia or Alzheimer’s disease which makes communication difficult

Best Practices

To ensure that the Mental Capacity Act 2005 is used correctly there are some key principles to follow when making decisions on behalf of someone else:

The person has been offered all reasonable assistance to do so; this could include offering practical support or using aids such as hearing aids etc.
They have been given all relevant information about what will happen and why
They have been given a chance to discuss things with those involved and understand what is happening
They are able to refuse any treatment or decision
Their decision must be independent and acted upon, unless you are acting as an attorney appointed through Lasting Power Of Attorney or Enduring Power Of Attorney document registered under Mental Capacity Act 2005

The Mental Health Act 2005 allows those with mental illness which impairs communication ability despite having capacity (or lack of it) to be detained under the Mental Health Act for treatment until such time as they may regain mental capacity.

Please get in touch to find out more.

Take a look at our Court of Protection Solicitors, in the meantime.

You may also like:

Mental Health Benefits of Having a Daily Routine

Posted on February 1, 2022 by admin

Tags – Mental Health Benefits of Having a Routine

There are a few tasks we have to do everyday, like working, cleaning, cooking, exercising and so much more.

And with all of this, it’s very easy to feel overwhelmed from time to time.

Sometimes, it may even feel like marking everything off your to-do list is impossible, but more so if you’re struggling with a mental health disorder, such as depression.

However, by establishing a daily routine, it will allow you to set aside some time to focus on tasks, and some time to focus on both your mental and physical health.

Simply, routines are important in every stage of life, from childhood to adolescence through to adulthood.

Essentially, routines help us to cope with change, create healthy habits and reduce stress.

Furthermore, studies have shown that daily routines have far-reaching mental health benefits like alleviating bipolar disorder and preventing substance abuse.

With that in mind, here are 3 of the main mental health benefits of having a daily routine and how to create one.

1. Promotes Healthy Habits

If you have a busy schedule, having a daily plan can help to promote healthy lifestyle habits.

For example, little changes like packing your lunch the night before work can help you to eat a balanced diet, or sleeping at the same time can promote a consistent sleeping schedule.

At the same time, you want to set aside time to focus on your physical health too.

Now, we’re not saying spend hours at the gym, but scheduling in a few minutes of high intensity interval training (HIIT) can help to boost your self esteem and improve your mood.

2. Alleviates Stress & Anxiety

If you suffer from stress or anxiety, it’s important to take a moment, sit down, identify what’s worrying you and address these concerns.

Positively, when creating a daily routine, this helps your bodies to adjust and signals what to expect.

In other words, creating predictable scenarios will help you to alleviate anxiety over the unknown.

To do this, journaling is a great way to establish a regular schedule, as well as start the process of mental restoration and wellness.

3. Combats Burnout

The more stressed you feel, the more likely you are to experience burnout, which in turn can cause emotional exhaustion, loss of productivity and poor relationships.

And even though it can affect people differently, burnout can lead to serious mental health issues over time.

Regardless of how busy you are, you can prevent burnout by:

Sticking to a routine
Taking breaks for yourself throughout the day

How to Create a Daily Routine

Before you start listing down all of the daily tasks you need to complete, remember to make your mental health a priority.

So, here’s how you can structure your daily or weekly schedule for optimal mental health.

And whilst it may not sound fun, structure can be quite liberating when you realise that it actually frees up your time and energy for the things that matter the most.

Please note, everyone’s routines will be unique to them, so make sure that it works for you, otherwise it will not be successful.

For creating your routine, include things like:

A set bedtime and wake-up time: try to go to sleep and wake up at the same time every day if possible. Doing so will help you fall asleep easier at night and to wake up in the morning, so you aren’t starting the day late and worse, feeling stressed.
Healthy breakfast: as they say, breakfast is the most important meal of the day and eating a nutritious meal in the morning will set you up with energy.
Exercise: working out is a really effective way and taking care of your mental health. So try and get in some exercise, even if it’s just a brisk walk.
Prioritise your to-do list: you may be tempted to get through the quick and easy jobs first, but the problem with this is that they may not actually be priorities. So, always do the most important thing first, not the easiest.
Appreciate the good things: to improve mental health, it’s a good idea to keep a gratitude journal where you can list a few things that you’re grateful for before going to bed.
Have fun: your routine also needs to include the things you do for pleasure everyday. We all have different ideas about what’s fun, so make sure you do things that make you happy.

Now, there’s so much more you can add and it may seem like a very long list.

But don’t worry, this isn’t to overwhelm you, it’s about making you more efficient so you have more energy and healthier habits.

All in all, keep in mind that creating a routine to support your mental health can involve some trial and error.

So, start by adding one healthy habit to your routine at a time and slowly build on this.

All it takes is 21 days to form a new habit, and the same can be said for setting a routine.

Basically, if you set and stick to a plan for 3 weeks, there’s a greater chance you’ll stick to this routine for a long time.

For more information, please get in touch today.

In the meantime, take a look at our Court of Protection Solicitors.

You may also like:

Responsibilities of a Lasting Power of Attorney

Posted on January 5, 2022 by admin

Tags – Lasting Power of Attorney Responsibilities

If you’ve been appointed as a power of attorney, you have a huge number of important responsibilities.

And this could mean making some difficult decisions about that person’s finances, health or welfare.

Sometimes, you may have to make these decisions on your own, or with other appointed attorneys.

So, you need to think carefully about if you are willing and able to make those decisions when the time comes.

Becoming an Attorney

When someone makes a Lasting Power of Attorney, referred to as the donor, they will appoint an individual to make decisions on their behalf.

Specifically, these decisions cover matters ranging from healthcare to the management of their property and finances, when the donor is no longer mentally capable.

Usually, the donor will decide who their attorney is, and this can be either a friend, family member or a professional.

Although the attorney will act when the donor loses mental capacity, the donor must have full capacity when executing the Lasting Power of Attorney; they must understand what they are signing and what it means.

Then, this can only be used once the Lasting Power of Attorney has been registered with the Office of the Public Guardian.

And, there are two types of Lasting Power of Attorney; Property & Financial affairs and Health & Welfare.

So, this includes making difficult decisions about issues like healthcare; e.g. if the donor is moved into a care home, or finances; e.g. claiming benefits.

In some cases, you may reclaim reasonable expenses, however unless you are a professional attorney, this role is unpaid.

Legal Responsibilities

Your legal responsibilities as an attorney include:

Acting in the donor’s best interests and taking care when making decisions on their behalf
Acting in accordance with the terms set out in the Lasting Power of Attorney documents
Where possible, helping the donor to make their own decisions instead of just simply taking control

For more detailed information, you can check out the Mental Capacity Act Code of Practice here, and you should keep a copy of this for your own guidance.

The reason being, is as part of the process when making the Lasting Power of Attorney, you must sign a statement that confirms you understand your legal responsibilities.

Plus, you can be ordered to compensate the donor for any losses they suffer, if you do not carry out your duties properly; in severe cases if the donor is mistreated, you could also face criminal charges.

Property & Financial Affairs Duties

As long as there are no restrictions laid out in the Lasting Power of Attorney, you are able to do the following:

Buy and sell property
Maintain and repair the donor’s home
Rent out property
Manage bank accounts
Manage and handle investments
Pay bills
Claim benefits
Liaise with HMRC
Purchase items the donor needs
Make gifts; but there are strict rules around this

On the other hand, this is what you can’t do:

Make large financial gifts
Manage discretionary funds without a fund manager
Pay yourself a fee – unless authorised
Mix your personal finances with the donor’s
Tax planning without the Court of Protection’s authority.

Health & Welfare Duties

It’s worth noting here, that you can only make decisions about a donor’s health and welfare once they have lost mental capacity.

Then, as long as there are no restrictions laid you, you can do the following:

Decide where the donor lives
Make decisions about medical treatments and personal care
Decide on their day-to-day routine
Refuse or give authority to life sustaining treatment
Make decisions in the donor’s best interests

In terms of what you can’t do, this is:

Make decisions that restrict the donor’s freedom
Make decisions when the donor still has mental capacity
Make assumptions based on age, condition, behaviour or appearance

End of an Attorney’s Duties

If the power of attorney resigns, the duties are gone too.

Usually, this happens when the Lasting Power of Attorney ends if the donor passes away, or if they revoke the document, or if the transaction for which the donor created the document is completed.

Typically, there will be specific terms laid out in the written agreement that specifies a method for the attorney to resign.

Remember, a power of attorney is a life-planning tool, so this person must be selected carefully as they will have full control over important areas of your life, if you are unable to make decisions yourself.

To find out more, please contact us today.

In the meantime, take a look at our Court of Protection Solicitors.

You may also like: