The Protection of Elderly & Infirm Persons

We live in a society where regrettably vulnerable older people and other individuals become subject to unwarranted manipulation and interference in relation to both their personal care and welfare and their finances.

Such problems are increasing because people are living longer and incidents of dementia and other forms of illness – mental and physical – increase as a consequence.

Vulnerable people can be open to abuse and undue influence.

The Court of Protection is a specialist Court which exists to protect the interests of such vulnerable people. It has its own rules and procedures which are unique to it.

In order to understand and be able to effectively utilise the Court in order to protect vulnerable individuals requires the services of practitioners who have a specialist knowledge in this area.

We have extensive experience of proceedings in the Court of Protection which can involve very complex and emotive issues.

Examples of the sort of cases we have taken to the Court of Protection include:-

• Applications to the Court where an elderly person has been “kidnapped” from their care home by certain members of the family who were in dispute with others and moved to another location or jurisdiction.
• Applications to make Statutory Wills where an elderly person has not made a Will and no longer has the capacity to do so.
• Applications to remove attorneys who have abused their position of trust.
• The appointment of financial or welfare deputies in cases where somebody has lost the ability to manage their own financial affairs and has not previously appointed an attorney to undertake these duties for them.

We are very aware of the need for sensitivity and understanding in relation to these issues. They often require urgent action to be taken; something that we are able to do due to our familiarity with the procedures.