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elderly vunerability claims
elderly vunerability claims
elderly vunerability claims

Elderly & Vulnerable Client

vunerability claims advice

Elderly & Vulnerable Client

elderly claims and advice

Elderly & Vulnerable Client

About Elderly & Vulnerable Clients

Tollers has a dedicated team of specialists that has been set up specifically to meet the ever growing demands for advice in relation to the rights of Elderly and Vulnerable people.

Our lawyers understand the complex nature of the law in this area and can guide you or your loved ones through decision making in the following areas

  • Wills
  • Enduring Powers of Attorney and Lasting Powers of Attorney
  • Court of Protection
  • Residential Care Issues
  • Care Contracts
  • Property Issues
  • Estate Planning
  • Local Authority Assessments
  • NHS Funding
  • Safeguarding
  • Abuse Issues
  • Personal Injury Trusts
  • Capacity Issues

Our team are proud to be members of Solicitors for the Elderly, Action Against Elder Abuse and Dementia Friends.  

Court of Protection

You may have a situation where a loved one is unable to undertake decision making due to mental incapacity caused by illness, old age or even an accident. Unfortunately, without some form of legal authority, nobody is able to undertake and assist with the management of another person's affairs.

The person losing capacity may have already created a Power of Attorney document such as an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) and as long as this document is registered with The Office of Public Guardian (OPG) the person(s) appointed this document will have the legal standing to manage their affairs.

However, if your loved one has not created a document or that the document now is no longer calidm then an application to the Court of Protection may be the only option for you to have the authority you require.

The Court of Protection is a court specifically set up to give directions and orders for third parties to undertake specific actions or decisions for a person who has lost capacity and who are unable to make those decisions for themselves. The Court of Protection covers both financial decision making and also health and welfare.

Tollers' Elderly and Vulnerable Client Unit is staffed with experienced and specialist lawyers offering support, advice and guidance to those who find themselves in this difficult situation. Our team comprises members of STEP and SFE who are able to:

  • Guide you through the application process
  • Assist you with the completion of the court forms
  • Offer advice and guidance to all aspects of how the Court of Protection works
  • Assist in the transfer of your matter from The Court of Protection to the OPG
  • Assist in on-going administration and supervision required by the OPG
  • Support you with any further applications to The Court of Protection that may be required such as a sale/purchase of property, inheritance planning or gifting applications or the creation of a Statutory Will

Court of Protection - Tolles Solicitors

At times things may become contentious due to family disputes and if this situation arises our team is there to give practical advice and guide you through the court process.

Powers of Attorney

In creating a Power of Attorney it is essential that the person signing the document is capable of understanding the nature and effect of what he or she is doing.

There are three types of Powers of Attorney that can be created which can allow someone to make decisions on your behalf, our team will guide you through the process and support you in drafting up the most relevant document for your circumstances.

General Power of Attorney

Only used for financial affairs and is only valid whilst a person has mental capacity.

Lasting Power of Attorney for Finance and Property

This document is used for financial affairs and can only be used once it has been registered with The Office of Public Guardian.  It can continue to be used if the person later loses mental capacity.

Lasting Power of Attorney for Health and Welfare

This document is used for making decisions with regard to your Health and Welfare which can include life sustaining treatment, medical decisions, medication, where you live and social care.

This document can only be used once it has been registered at The Office of Public Guardian and you are not able to make the decision for yourself due to lack of capacity.

Revocation

If after you have created your document you are unhappy for any reason you are able to revoke the power you have created. 

Registration with The Office of Public Guardian

Our team can guide you through the registration process of Lasting Powers of Attorney and Enduring Powers of Attorney.

Contentious issues or suspicion of financial abuse

Powers of Attorney - Tollers Solicitors

Our team can assist in making applications to The Court of Protection or The Office of Public Guardian if there are issues surrounding the creation of a power of attorney or the suspicion of financial abuse.

Financial Abuse Claims

Are you or a loved one concerned about how your or someone’s financial affairs are being handled?

It is important look out for signs that something might be wrong such as:

  • Missing valuables from the home such as jewellery or art
  • Deliberate isolation from friends and family
  • Income going missing
  • Payments made to parties that would not be expect to be made
  • No food in house or lack of amenities
  • Lack of appropriate clothing or personal items that a person could afford
  • Sudden changes in bank accounts
  • Unexplained withdrawals
  • Sudden appearance of previously uninvolved persons who are claiming rights to a person’s affairs or possessions
  • Unexplained transfers of assets
  • Unpaid bills

So how does this happen?

Sadly, some people believe that it is their right to have “their” inheritance in advance and obtain accesses to finances through Powers of Attorney or Appointeeship whereby they abuse their position of trust.

So what can be done?

It is important if you suspect financial abuse action is taken for it to be stopped and investigated immediately.

Any taking of a person’s money without authority or consent is a crime.  However, it is very hard to prosecute due to the complexities of the situation for example a person may not wish to take action because of the relationship they have with the perpetrator.

Financial Abuse Claims - Tollers Solicitors

There may be civil remedies open to you or your loved one in taking action to reclaim money or property that has been lost.

Our team of experts can support you in taking action and to get back control of your assets or to help your loved one to be safeguarded from any further financial abuse.

Funding for Care

Funding for care is an important consideration when you or a loved one requires care either at home or in a residential home placement.  Obtaining the right specialist is crucial in understanding what funding options are available.

Our team of specialised lawyers understand the complexities of care funding including:

  • Care Home Contracts
  • Third Party Top up arrangements
  • Appeals and challenges
  • Impact on benefits and funding arrangements
  • Eligibility for care
  • Local Authority Assessments
  • NHS Continuing Healthcare Funding
  • The Care Act 2014
  • Deprivation of Capital
  • Deferred payment arrangements
  • Self-funding

Funding for Care - Tollers Solicitors

Unfortunately, at times wrong assessments can be made, contracts can be entered without fully understanding the implications and or not claiming your benefit entitlements which could impact massively on funding implications to yourself or your loved ones.

Our Elderly and Vulnerable Client Unit can advise you fully on what action you should take.

What Our Clients Are Saying...

  • Very efficient, very informative service provided by Kirsty.

    Mr D Warnes
  • “We have worked with Tollers for 3 years now and have been really impressed with the standard of their work. The team are experts in the field of Court of Protection, and Karon Walton in particular is very passionate about this work. Karon has an amazing reputation for her efforts in this niche practice area, working closely with the COP Rules Committee and Solicitors for the Elderly (SFE). We would not hesitate to recommend the Tollers team.”

    Andrew Mcaulay - Partner at Clarion Solicitors

Our experts in Elderly & Vulnerable Clients

Related Service: Wills, Tax & Estate Planning | Notary | NotarySpecialties: Trusts and Estates administration, Tax Planning, Wills, Elderly & Vulnerable Client Law, NotaryOffice: Corby As a Solicitor and Partner, Barry Rogers is head of our Wills, Tax and... Read More

Barry Rogers / Equity Partner
t   01536 276739

Related Service: Wills, Tax & Estate PlanningSpecialties: Wills, Trusts and Estates administration, IHT Planning, Court of Protection, Long term Care planningOffice: Northampton Martin is a leading wills, tax and estate planning solicitor. Martin focuses on inheritance tax planning... Read More

Martin Hill / Equity Partner
t   01604 258597

Related Service: Wills, Tax & Estate Planning
Specialties: Elderly & Vulnerable Client Law, Court of Protection, Lasting Power of Attorney, Administration of Financial Affairs
Office: Northampton

Read More
Emma Wesley / EVCU Manager
t   01604 258502

Related Service: Wills, Tax & Estate PlanningSpecialties: Elderly & Vulnerable Client LawOffice: Northampton & Milton Keynes Karon Walton is a Partner within the firm, is a Chartered Legal Executive, and the Head of the Elderly and Vulnerable Client Unit which... Read More

Related Service: Wills, Tax & Estate PlanningSpecialties: Trusts and Estates administrationOffice: Milton Keynes Tonina joined the Trust and Estates team in December 2013 and specialises in Will drafting, Declarations of Trust, Lasting Powers of Attorney and Court of Protection applications... Read More

Veronica Male is a member of the Elderly and Vulnerable Client Unit at Tollers, dealing with the financial affairs of our clients for whom we are appointed as Deputies or Attorneys.  Veronica’s clients are elderly or vulnerable. They may have challenges communicating if they are living with... Read More

Veronica Male / Chartered Legal Executive
t   01604 258137

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