Protection and Planning for the vulnerable
Our team provides advice on how to provide for, and protect the interests of, individuals who may lack mental capacity to manage their affairs and make decisions for themselves.
A lack of mental capacity may be due to:
- a stroke or brain injury;
- a mental health problem;
- a learning disability;
- dementia;
- confusion, drowsiness or unconsciousness because of an illness or the treatment for it; and
- substance or alcohol misuse.
We can offer guidance and support to those who are:
- concerned about the ability of someone to manage their financial affairs or make decisions about health and welfare issues;
- responsible for managing someone’s financial affairs or making decisions about health and welfare issues; and
- concerned about their own ability to manage their own affairs.
We can advise you on:
- Planning for incapacity;
- General management of financial affairs;
- Providing for vulnerable beneficiaries via trusts; and
- Protection of vulnerable individuals via the Court of Protection.
News
Wedlake Bell responds to Consultation on the Mental Capacity Act Code of Practice
Wedlake Bell have submitted a response to the joint consultation on proposed changes to the Mental Capacity Act 2005 (MCA 2005) Code of Practice from the Department of Health and… Read more →
News
EPrivateClient: BBC’s The Split raises questions over assisted dying
Victoria Mahon de Palacios has written a piece addressing the questions the episode raises over assisted dying, published in eprivateclient. To read in full her, please click here.
News
BBC’s The Split raises questions over assisted dying. Wedlake Bell’s Victoria Mahon de Palacios shares her thoughts
The final episode of The Split series airs on BBC1 tonight and addresses the difficult issue of terminal illness and advance care planning. One of the characters, Lenny, who is… Read more →
News
LPAs no longer require discretionary investment express provision
“For some time, investment managers have had real difficulties in managing the investments of clients where a power of attorney is in place. We are pleased to confirm that the… Read more →
News
Proposals to modernise LPAs and the risks in safeguarding
Partner Ann Stanyer has written an article addressing risks in safeguarding following the proposals to reform Lasting Powers of Attorney. This article was first published in Today’s Wills & Probate.… Read more →
News
Modernising Lasting Powers of Attorney Consultation Response
We have responded to the consultation to highlight our concerns and support the interests of those clients who could be badly affected by some of the proposed changes. To read… Read more →
News
OPG outline vision for reform of LPAs
Ann Stanyer has been quoted in Today’s Wills and Probate following the announcement of a consultation by the Office of the Public Guardian (OPG) on the use of Lasting Powers… Read more →
News
Defending Wealth
To view this article, please click here. This article first appeared in Brewin Dolphin’s client magazine Perspective.
News
THE BILLIONAIRE, HIS FAMILY, END OF LIFE PLANNING AND COVID-19
The Covid-19 lockdown and quarantine restrictions are causing real practical problems for those who have terminally ill family members. What can you do if you want to visit such a… Read more →
News
Clashing Rights – Covid-19 vaccinations and the rights of care home residents
This article was first published by the Solicitors Journal on 25 February 2021: Solicitors Journal – Clashing Rights The Court of Protection has just heard the first case involving a… Read more →
News
New Online LPA Service
In light of the current Covid-19 crisis, many organisations have realised the ever increasing importance of using technology to manage processes which were previously dealt with by postal correspondence. One… Read more →
Bulletins
Why make a will?
A Will is a legal document in which a person declares their intention as to what should happen to their assets after their death. You are not legally obliged to… Read more →
News
Is your LPA fit for purpose?
You may have a Lasting Power of Attorney (“LPA”) that appoints persons (“attorneys”) to look after your financial affairs and/or health and welfare at a time in the future when… Read more →
News
HNW Pitfalls to avoid: Lasting Powers of Attorney (LPA)
The article was first published by Spear’s on November 10, 2018. As incidents of financial abuse against the are on the elderly increase, its important to look at rigid LPA’s,… Read more →
News
Ann Stanyer: Are electronic signatures safe for vulnerable clients?
Ann Stanyer’s article on the Law Commission’s consultation on the use of electronic signatures in legal documents has been published in Professional Adviser and its sister publication Retirement Planner. Ann examines… Read more →
News
PROTECTION, PLANNING AND DISPUTE RESOLUTION FOR THE VULNERABLE
Wedlake Bell is a central London law firm that has been servicing its clients for over 200 years. It has 61 partners and is one of the top 100 firms… Read more →
Bulletins
THE POWERS THAT BE
A comparison of the protection against the threat of financial abuse given by LPA attorneys and Court of Protection deputies. ABSTRACT This article discusses what safeguards are in place to… Read more →
Bulletins
LPAs: Safeguarding the client or facilitating abuse by attorneys?
The increase in people registering LPAs is heartening, but there are concerns that some attorneys are taking advantage of the ease with which they can be prepared, warns Ann Stanyer.… Read more →
Bulletins
Duties of Attorneys under a Lasting Power of Attorney (‘LPA’) for Financial Affairs
1. When does an Attorney’s authority begin? An LPA cannot be used until it has been registered with the Office of the Public Guardian (‘OPG’). If the LPA contains a… Read more →