Acting as Litigation Friend
A litigation friend is a person who represents someone who either lacks the mental capacity to conduct legal proceedings on their own or because they are a child. A litigation friend is there to act in the best interests of the person they are representing to ensure that their voice is heard in court proceedings.
Due to his reputation as a solicitor, Simon is often approached by other solicitors’ firms to act as a litigation friend for parties in Court of Protection matters including those where there are disputes.
Applications to authorise gifts
Deputies are able to make gifts for ‘customary occasions’ such as Christmas or birthdays but are not able to make other gifts without permission from the Court of Protection.
Before a gift can be made, permission will need to be obtained from the Court of Protection. The application will need to outline various details such as the value of the gift, the purpose and why it is in the best interests of the protected party to make the gift.
Simon has extensive experience of the Court of Protection process and can guide you through the process from start to finish.
Applications for permission to purchase or sell a property
Deputies may need permission from the Court of Protection to buy or sell properties on behalf of the person subject to the Court order they operate under.
As a very experienced solicitor, Simon can assist with making the application which will ensure it goes through as smoothly and quickly as possible.
Contact us on 01260 769 639 or by email to discuss how we can assist
Attorney Disputes
In most cases, attorneyships proceed without issue. However, there are occasions where disputes can arise for example where an attorney is not acting in the best interests of the donor.
Types of disputes that can arise include:
- Attorney stealing money
- Attorney refusing to move out of the donor’s house to prevent it being sold
- Attorney refusing to pay bills
Simon is able to use his experience in Court of Protection and dispute resolution to resolve disputes.
Family Care payment applications
Family care payments to deputies must be first approved by the Court of Protection. Simon Heapy helped write the Office of the Public Guardian practice note on family care payments, and is an expert in making these types of applications.
Simon was a founding executive committee member of the Court of Protection Practitioners’ Association
Part 35 expert reports
Firms conducting clinical negligence and personal injury claims often require an expert witness to give evidence to assist their clients’ claims. This is known as a Part 35 expert report as outlined in Part 35 of the Civil Procedure Rules. The purpose of the report is to give the court clear, expert insights as to the likely costs of a deputyship so it can make the best possible decision for the incapacitated person.
Due to Simon’s extensive Court of Protection experience, he is often instructed by other solicitors’ firms to provide part 35 expert reports to the Court.
‘The process was very professional, explained clearly in Plain English and promptly’
Statutory Wills
When a person lacks capacity to make a will, they are unable to make a will themselves and, if it is in that person’s best interests to do so, their attorneys or deputies can apply to the Court of Protection to put in place a statutory will for them.
We are able to assist attorneys and deputies with applications to the Court of Protection to put in place a statutory will. The application must make it clear to the Court why it is in a person’s best interests for the Court to put in place a new will. This can be a time consuming and an expensive process, which is why it is important to take specialist advice before making such an application. Simon Heapy will manage the statutory will application and he can be assisted by our managing director Paul Clark who is a full member of STEP and a member of the Law Society Private Client Section committee.
Contact us
Contact us on 01260 769 639 or info@spallclark.co.uk to discuss how we can assist with your applicaiton to the Court of Protection.
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