Court of Protection solicitors advise on all aspects of making decisions regarding the financial, health and welfare-related matters of individuals who are unable to make these decisions themselves due to mental incapacity. Often those individuals need support in best deciding what needs to be done about the properties they own or intend to buy or sell. Janet Jones, Senior Property Lawyer at Jackson Lees, explains how conveyancers can help those individuals and their Court of Protection colleagues in reaching property-related best interests’ decisions.
The support conveyancers can give to Court of Protection clients is wide and varied. They recognise that such clients are often the most vulnerable people in society. Conveyancers provide invaluable assistance where the client needs to sell their current property and then purchase a new property more suitable to address their often-complex needs. Using a property lawyer who has experience of dealing with the complex legalities in such matters ensures a smooth transaction for them and ensures the Court’s requirements are met. Court of Protection Orders are detailed and stringent. The conveyancer must follow the Orders to the letter.
At a practical level, the home the protected client intends to buy may have to be extended or altered to accommodate their disability or simply to make life there more habitable. The property lawyers must be aware of any restrictions, covenants, or anything else within the title which would restrict such alterations or additions taking place. This means working in collaboration, not only with our Court of Protection colleagues but also with the client’s surveyor, architect and any other professionals involved. Having a property lawyer who has experience in these areas is vital to ensure that nothing is missed, and the property purchased is fit and suitable for our client’s ongoing needs.
As well as the more complex vulnerabilities of our Court of Protection clients we also act on behalf of clients who buy and sell using Lasting Powers of Attorney. This Power allows the appointed Attorney to make best interest decisions, legal or otherwise, on behalf of, usually, a vulnerable relative. Such Powers are generally put in place when clients become older and find the process and paperwork around moving home both onerous and stressful. Again, this area of law is specialised and having a property lawyer who is experienced in dealing with such matters helps to ease a stressful situation for our clients whilst ensuring the legal aspects of the transaction are completed correctly.
Dealing with vulnerable clients requires a lawyer who is experienced in this niche area of law but also requires that lawyer to be compassionate and empathetic to clients’ complex needs whilst retaining an approachable friendly attitude.
At Jackson Lees, our vast service offering means our in-house Conveyancing and Court of Protection teams can work together collaboratively, ensuring the best possible outcomes for our clients. If you would like to find out more about how we can support Court of Protection clients, or those with a Lasting Power of Attorney, call us today or make an enquiry.