On 7 September 2020 the government relaxed the requirement for a testator to sign their Will in the “physical presence”…
If you should lose mental capacity and are unable to deal with your own affairs, either because of an accident or an illness, your family may have to involve the Court of Protection in order to help manage your affairs and make decisions on your behalf.
We have a specialised team of Directors at Rogers & Norton who currently act as Professional Deputies for some of their clients who have lost capacity and either have no close relatives or act for those where the clients need professional assistance. Rogers & Norton’s deputyship team have become involved with a variety of clients who have been disabled from a young age or who have lost capacity due to old age and who now need assistance with their finances.
Court Appointed Deputies
The Deputy or Deputies can be relatives or close friends and must be aged over 18. The Deputy may also be a professional such as a solicitor or a representative of a local authority.
Once appointed a Deputy can assist with paying bills, investing money, buying and selling property and run day to day finances.
Whilst it is beneficial for everyone to have made a Lasting Power of Attorney to appoint those they trust as Attorneys to deal with their finances and welfare decisions, as this will be a quicker and more efficient route for the family, this is not always possible. It may be that a person never has capacity to make a Lasting Power of Attorney or when the time comes for the document to be required that person has already lost capacity.
A Deputyship Order will allow those appointed by the Court to assist the person that is unable to manage their own affairs in all aspects of their finances.
We are able to assist in preparing and making a Deputyship Application to the Court of Protection to appoint a family member or loved one as the Deputy.
Some very important decisions that have to be made for someone who lacks capacity, such as making or changing a Will, cannot be made by the deputy and must be dealt with by the Court of Protection.
A Will made under the Mental Capacity Act is referred to as a Statutory Will.
An application can be made to the Court of Protection to gain approval for either a new Will or to change an existing one. If the Court believes the changes to be in the best interests of the person who lacks mental capacity, they will approve it.
Rogers & Norton Ltd have a talented and experienced team of solicitors, who specialise in helping and supporting vulnerable clients, together with their families and carers.
We deal with a wide range of cases from complex personal injury awards for young adults and children, to elderly clients with dementia in care.
The team have detailed knowledge of the Statutory Will process and Court of Protection matters.
If you want to discuss any issues in relation to Statutory Wills, or find out more about how it impacts on your personal circumstances you can contact our dedicated team.
What our clients say
Calm professional manner made the process easy. I never felt rushed the atmosphere was relaxed.
Mrs H. / Norwich
Charlotte was very professional in her manner & knowledge, explaining everything clearly to us, and was very pleasant and friendly!
Mr & Mrs D / Attleborough
Totally professional at all times and always phoned / emailed back if necessary.
Just to say thank you for everything you have done for me and my family other the past 3 years !
Miss R / Dereham
A good experience and we have confidence that our affairs were dealt with professionally.
C. D. / Norwich
Very business-like, clear & easy to understand. Friendly & respectful. Matter promptly dealt with & concluded.
Mrs L / Thetford
Laura made a very stressful situation much more bearable. She is patient and sensitive to our needs.
Mrs W. / Norwich
All staff show high level of care and understanding particularly at times of emotional vulnerability such as when dealing with the estates of the deceased, probate etc.
Mrs W / Watton
Barbara was very kind & helpful but also very professional. She explained things in an understanding way which was appreciated.
Mrs S / Norwich
Excellent overall service, am very pleased with all aspects of service.
Mr B. / Norwich
Overt efficiency making the potentially incomprehensible comprehensible.
The mystique was translated into clarity and the purpose simplified.
Mr & Mrs H. / Norfolk
Special thanks for your kind and considerate handling of what to me was very complicated and involved documentation which you explained excellently so that even I understood it.
I will be pleased to recommend you to anyone as a 1st class solicitor.
Barbara took time to explain things in a way that was easily understood (no legal speak).
Mrs R / Aylsham
Barbara was superb at explaining all my questions – highly recommend her qualities and knowledge.
H.T. / Norfolk
Professional, warm, friendly and everything she promised she delivered within the set time constraints.
Mr M / Norfolk
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