Tozers LLP lawyer says the protection of vulnerable people is aim of Court of Protection

Thursday, 29 October 2009 00:00

Ted Foulkes of Tozers LLP is concerned that many people will have read with alarm an article in the Daily Mail under the headline "Anger as Court seizes £3.2 billion from elderly."

The article refers to "The obscure Court of Protection" and says that the court was set up 18 months ago. It goes on to say that the court appoints deputies to "act for the mentally impaired when they have not written a Living Will" and describes it as "a secret court that seizes the nest eggs of the elderly and vulnerable."

A member of the national association Solicitors for the Elderly, Mr Foulkes says: "In fact the Court of Protection came into being in 1324 and exists to protect, rather than exploit, people who, for one reason or another, do not have the ability to manage their own affairs and have not appointed attorneys to act for them. A Living Will, referred to in the article, sets out a person's wishes in the event of serious illness and has no bearing on the management of their financial affairs.

Mr Foulkes, who has been dealing with legal matters for older people for many years, went on to explain: "It is possible to make a Lasting Power of Attorney appointing a relative, close friend or professional adviser to deal with your financial affairs if you should become unable to do so yourself. In this way you are able to choose the person who will manage your affairs. If you do not make a Lasting Power of Attorney and you become mentally incapable of dealing with your financial affairs, the Court of Protection will appoint a deputy to manage your affairs for you. The court will normally appoint a close relative as deputy but if there is no suitable relative the court may appoint a professional person."

"The administration of the Court of Protection is far from ideal and, of course, fees are involved. The court deals with sensitive issues and inevitably there are complaints, mostly about delay, but it would be absurd to suggest that the court has any agenda other than the protection of vulnerable people."

Tozers' experience shows that most people would prefer to avoid the involvement of the court in the administration of their financial affairs and the way to do that is to make a Lasting Power of Attorney while you are mentally capable.

Tozers LLP has offices in Exeter, Teignmouth, Newton Abbot, and Plymouth and Mr Foulkes can be contacted on 01626 771226 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .