26th February 2016
What is the Court of Protection?
Perhaps the first question to ask is what is a deputy
If a person needs certain decisions made on their behalf but has not made a Lasting Power of Attorney or is unable to make one, then you or someone else for and on their behalf will need to apply to the COP. A deputy order is the order given to the court-appointed deputy which sets out their powers as a deputy. If appointed as a deputy for property & financial affairs, the powers may include receiving income, such as benefit payments, retirement pension, occupational pension or interest in dividends earned in investments for and on behalf of the person lacking capacity. The order may also authorise the deputy to receive capital and to spend capital appropriately on behalf of the person lacking capacity. If appointed as a deputy for health & welfare issues, the order may authorise the deputy to make decisions about the care or medical treatment that the person lacking capacity receives.
The Office of the Public Guardian (OPG) is responsible for the supervision of court appointed deputies.
The Mental Capacity Act (MCA) 2005 provides the legal framework to protect vulnerable people who may not be able to make all their own decisions. The act covers major decisions about property & financial affairs as well as health & welfare issues. When making decisions, deputies must have regard to the MCA’s code of practice which provides guidance for people who work with and or care for adults who lack capacity. The code also describes the responsibilities of deputies when acting for or making decisions with or on behalf of individuals who lack capacity.
Edward Walter
Partner
Solicitor
Private Client
Office : Hello world!
01892 502 320ewalter@bussmurton.co.uk
Profile
Edward is a Partner in the Private Client Department. He started practising Private Client Law in 2000, initially as a solicitor in a well-known firm in Tonbridge and thereafter with several well-known East Sussex firms before joining Buss Murton in July 2014. Edward became a Partner in 2015.
He advises and acts on all aspects of Inheritance tax planning and Capital Gains tax planning. He also acts in Probate administration matters and post death Variations for Inheritance tax and Capital Gains tax purposes. He also regularly advises clients regarding the making of their Wills, Powers of Attorney, Lasting Powers of Attorney, Declarations of Trust with respect to client’s properties.
He undertakes the full range of advice and work with respect to Trusts and advises on associated tax implications of those actions. He also advises generally on (tax) domicile and residence issues.
He regularly advises and acts on the registration of Lasting and Enduring Powers of Attorney, the making of Statutory Wills and gift applications at the Court of Protection.
Expertise
Inheritance Tax Planning
Capital Gains Tax Planning
Wills
Probate and estate administration
Lasting Powers of Attorney
Declarations of Trust
Court of Protection
Estate Planning
Taxation advice
Succession strategies
Residence and domicile matters
Trusts
Alternative Contact:
Emily Luker
01892 502 346
eluker@bussmurton.co.uk
Beth Ahsunollah
01892 502 348
bahsunollah@bussmurton.co.uk
LinkedIn Profile
Articles
- October Budget: changes to pensions and the impact that has on those leaving 10% of their estate to charity
- The Government’s October Budget 2024: Inheritance tax, Wills and those who need to review their Wills.
- Have you got a standard form trust and require advice on what you can do as a trustee? Buss Murton Law can help.
- Care Costs and paying for them – fact amongst the hyperbole
- How can non-married, non-civil partners be impacted by the Residential Nil Rate Band Allowance?
- Mental incapacity and being a trustee
- I have a Will, so why do I need a Lasting Power of Attorney?
- Will Beneficiaries, Claimants and Disputes
- Inheritance Tax Planning: Is Inheritance Tax in the near future likely to remain a threat to the goal of passing your estate on as intact as possible to your heirs?
- Wills and Business Property Relief – Inheritance Tax danger for owner managers of SMEs