Court of Protection/Public Guardianship Office

Court of Protection

What is the Court of Protection?

The Court of Protection looks after the financial affairs of those who do not have the mental capacity to manage their own affairs.

The Court does not intervene without application by family members, or direction from a Court such as the County Court or the High Court. Often a Court will make an Order that the Court of Protection becomes involved at a time when money from a Court action is passing into the hands of an individual who does not have mental capacity.

There is no formal monitoring system to check the mental capacity of individuals, and it is often something which the client's own solicitor will identify as being necessary.

The Court of Protection is not to be feared, its role is to be welcome, as its sole interest is the person whose affairs need looking after.

What does a Receiver do and who can be appointed?

The Court will ensure that a Receiver is appointed for the client, the Receiver's role being to act as manager and trustee over that individual's affairs. The Receiver can be a family member, or can be a professional. Dependent upon the needs of the individual and their affairs the role can be time consuming. Using a family member can save expense, and they can always obtain professional advice as and when necessary. If there is likely to be a dispute within a family then the independence a professional receiver can bring will be valuable.

Public Guardianship office (PGO)

What is the Public Guardianship Office?

This is the administrative arm of the Court of Protection established in April 2001. It took over from the Public Trust Office. Its purpose is to provide services to promote the financial and social well being of people with mental incapacity.

It protects those without capacity by managing their Receivers, by receiving annual financial accounts from Receivers, and also by providing support to families as well as advisors of those without capacity.

The PGO can itself act as a Receiver if there is no one suitable for appointment.

They are a committed organisation, but their resources are limited.

How can Bond Pearce help?

Clients and their families are sometimes nervous about such a formal arrangement through a Court. Subject to having the right Receiver there should not be any problem. Someone capable of administration, someone capable of completing a self assessment income tax form, and someone with a responsible and balanced attitude can become a Receiver. Any other advice which is required for example medical or financial planning, can be obtained and paid for from the client's money, just as the client would have done themselves.

Personal injury lawyers usually act for a client up to the point when compensation is obtained. However at Bond Pearce we have the experience to provide further advice and assistance and also to act as Receivers on behalf of our clients.

For example John is one such client who has benefited from specialist lawyers experience as a Receiver. John appointed his lawyer as his Receiver after he successfully settled his claim for a serious head injury, which left him no longer capable of looking after his affairs.

Dealing with the rehabilitation process, financial and care needs, family relationships and so on provides a level of insight not normally available through the compensation process. This enables the team to have better understanding and empathy with regard not only to the legal case but also all the issues that face someone who has been injured.

What services can we offer?

We offer a full range of Receivership services and include in this

• - Wills
• - Trusts
• - Enduring Powers of Attorney
• - Sale and purchase of property