Elderly & Vulnerable Clients
At Clarke & Son, we pride ourselves for not shying away from difficult issues surrounding elderly and vulnerable clients.
We often hand out the ‘Message in a Bottle’ to elderly and vulnerable clients, which is a plastic bottle where details of medication and emergency contacts are kept within the plastic bottle which is kept in the client’s kitchen fridge.
A Green Cross sticker is then put on all entry points of the client’s property, which helps to inform emergency services to check the fridge in order to locate information about their patient.
We advise clients to protect themselves by the use of care alarms and pendants and we like to make sure that all clients have regular visitors.
We work closely with excellent care agencies in ensuring that adequate and satisfactory care is given to those who need it.
Book an Appointment
It is important to us that our clients are safe and have all their concerns addressed. Therefore, our experienced solicitors are on hand to offer advice and information to elderly and vulnerable clients. Book an appointment now to speak to one of the team.
Our Approach
We offer home visits and visits in hospitals and care homes when the need arises in our locality. We have special disabled access to the offices and the interview rooms are all on the ground floor.
We treat all our clients with dignity and respect irrespective of age or infirmity. We try and make things as easy as possible for our clients with disabled access and ground floor interview rooms. We can provide aids to help anyone who is partially sighted to sign documents and we can provide our correspondence and documents in large print. We abide by the ethos of Solicitors for the Elderly.
We can help advise on the funding of care and guide families through the financial assessment process completed by the Local Authority. We can advise on when care has to be privately funded and also advise on deferred payment agreements and care home contracts.
Court of Protection
The Court of Protection:-
- Firstly decides whether a person has the capacity to make a particular decision
- Secondly makes declarations, decisions and Orders on financial and welfare matters affecting people who lack capacity
- Also appoints Deputies to make decisions for people who lack capacity and who are unable to make decisions themselves
- Removes Deputies and Attorneys when required to do so
- Finally decides whether an Enduring Power of Attorney (“EPA”) or Lasting Power of Attorney (“LPA”) is valid.
The Court of Protection may be asked to make decisions in situations where there is no valid EPA or LPA. When an EPA or LPA does not give authority to make a particular decision. This could be for example with regards to gifting or investments.
Court of Protection Deputyship Application
When making a Court of Protection Deputyship Application the first thing to establish is that the person does not have the capacity to make the decision within the definition of The Mental Capacity Act 2005. Furthermore, the Court will need to be satisfied that it has jurisdiction to make a decision about a person. Therefore the Court will require a Medical Capacity Assessment Certificate to be completed before it will take any action. This is obtained in writing by the person’s GP or consultant or another relevant party who is permitted to complete such an assessment that the Court will recognise. The court has the best interest of the person in mind. Therefore the capacity assessment must be obtained as quickly as possible to confirm the next course of action.
There are application forms and supporting information required for the application to the Court. A Deputy will be appointed to manage the client’s financial affairs. Furthermore, it will also make health and welfare decisions.
Court of Protection Deputy Administration
There are occasions when the Court has appointed a Deputy to act in the best interests of a person; that the Deputy requires some assistance in completing the annual accounts for the Court and in dealing with the insurance requirements.
Here at Clarke & Son, we are able to supply legal support, advice and guidance for any of our clients who hold the responsibility of being a deputy for a relative or friend. This includes making sure the finances and care decisions are being supported professionally and we have many professional contacts and referrers who can assist in this regard.
The Court of Protection may be asked to make decisions in situations where there is no valid EPA or LPA. When an EPA or LPA does not give authority to make a particular decision. This could be for example with regards to gifting or investments.
Court of Protection Deputyship Application
When making a Court of Protection Deputyship Application the first thing to establish is that the person does not have the capacity to make the decision within the definition of The Mental Capacity Act 2005. Furthermore, the Court will need to be satisfied that it has jurisdiction to make a decision about a person. Therefore the Court will require a Medical Capacity Assessment Certificate to be completed before it will take any action. This is obtained in writing by the person’s GP or consultant or another relevant party who is permitted to complete such an assessment that the Court will recognise. The court has the best interest of the person in mind. Therefore the capacity assessment must be obtained as quickly as possible to confirm the next course of action.
There are application forms and supporting information required for the application to the Court. A Deputy will be appointed to manage the client’s financial affairs. Furthermore, it will also make health and welfare decisions.
Court of Protection Deputy Administration
There are occasions when the Court has appointed a Deputy to act in the best interests of a person; that the Deputy requires some assistance in completing the annual accounts for the Court and in dealing with the insurance requirements.
Here at Clarke & Son, we are able to supply legal support, advice and guidance for any of our clients who hold the responsibility of being a deputy for a relative or friend. This includes making sure the finances and care decisions are being supported professionally and we have many professional contacts and referrers who can assist in this regard.
Care Fee Planning
We can help advise on the funding of care and guide families through the financial assessment process completed by the Local Authority. We can advise on when care has to be privately funded and also advise on deferred payment agreements and care home contracts.
Wills & Estate Planning Team
Contact Details
If you have any questions or would like to enquire about one of our services, please fill in the enquiry form below and one of the team will get back to you.
