Contentious Private Wealth

Court of Protection

Our Court of Protection practice supports clients and their families when someone has lost, or is losing, the mental capacity to manage their own property and finances. We act for individuals, family members, professional deputies, attorneys, trust corporations and charities across the full lifecycle of a property and affairs matter.

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Thomas Klemme

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Contentious Private Wealth

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Court of Protection

Our Court of Protection Services

Our work includes:

Deputyship applications

Acting for family members or as professional deputies in applications to the Court of Protection for the appointment of a deputy to manage a person's property and affairs where no attorney is in place, and advising on the scope of a deputy's powers, which can extend to management of property, sales and gifts of assets, discharge of debts, settlement of property and the conduct of legal proceedings on the person's behalf.

Statutory wills and lifetime gifts

Applications to the Court for approval of a will or a gift where the person lacks capacity to make one themselves, an area of practice with a well-developed body of case law.

Deputy supervision and disputes

Advising deputies and attorneys on their ongoing duties, remuneration, security and reporting obligations to the Public Guardian, and acting in disputes over the conduct, removal or replacement of a deputy or attorney.

Sale and management of property

Applications for authority to sell, purchase, let or otherwise deal with a protected person's home or other real property, often alongside our residential property and private client teams.

Cross-border and international assets

Advising attorneys and deputies on overseas property and assets, and dealing with the interaction between the English Court of Protection and foreign guardianship or curatorship regimes.

Safeguarding against financial abuse

Advising families and institutions where there is concern about the misuse of a vulnerable person's finances, including investigations by the Office of the Public Guardian.

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