Recently in the national press there has been a significant amount of criticism of the Court of Protection and Public Guardian. These two bodies are responsible for the property and affairs of some of the most vulnerable people in society, those who lack capacity to deal with these matters themselves. They therefore have a vital function to perform and it is of the utmost concern to a civilized society that these public bodies do not appear insensitive, secretive and inefficient. Enoch Evans Solicitors in Walsall employee three of the town’s four Solicitors for the Elderly members. The organisation represents over a thousand solicitors who deal with this area of law on a daily basis. They share the concerns and frustrations of their clients and often act in their own right as deputies for adults who lack capacity.

The Mental Capacity Act 2005 provides a legal and administrative system which rests on a powerful premise. No one person has the right to take the property of another person who lacks capacity unless either that person has authorised this in advance, through a lasting power of attorney, or the Court of Protection has given that authority. The court also deals with children who lack capacity (often with compensation awards for catastrophic injuries).

On average, 6,000 applications are received each year and authority cannot be given on a whim, a strict procedure has to be adhered to. This is of course a difficult balancing act for a public body to perform. But, in the great majority of cases, the Court of Protection appoints deputies as a matter of course, and close relatives are given a wide ranging authority to administer considerable assets.

The Public Guardian is a separate body from the Court and has very limited powers of investigation and enforcement. The Court of Protection is a judicial body which is bound by rules. There are various issues surrounding these bodies but Enoch Evans, along with other members of Solicitors for the Elderly are striving to provide better protection for those who cannot by definition protect themselves.

Susan Comrie, Probate Partner and Solicitor for the Elderly said “The Court of Protection plays a central role in protecting the vulnerable from financial abuse. There clearly has been teething problems but Solicitors for the Elderly together with other professional bodies have been sharing their concerns and working to help resolve issues”.

<< Back to Newsdesk