Putting compassion and expertise at the heart of Court of Protection work

Putting compassion and expertise at the heart of Court of Protection work

Hay & Kilner has a well-renowned Wills, Trusts & Estates Team that handles Court of Protection matters. They are dedicated to helping those who lack capacity whether through illness, learning disability or traumatic brain injury, their family, friends and loved ones.

The team acts as a professional financial deputy, assists clients to be appointed as financial deputy and provides current deputies with advice around their role. They are experts in making Statutory Will applications and other specialist Court of Protection applications.

Claire French, Partner at Hay & Kilner explains more about the Court of Protection Team:

“I lead the Court of Protection Team at Hay & Kilner, where I manage the property and financial affairs of clients who lack the mental capacity to do so themselves. I work alongside Zoey Philips, Solicitor, and a dedicated team, and together we provide tailored, long-term support.

“We have a unique team of people who really do care passionately about helping our clients. Our team is described as open, empathetic, honest, approachable, caring and fair.

“Many of our clients have received substantial personal injury awards, often as a result of road traffic accidents or birth injuries. While most can manage day-to-day spending, they typically need help with more complex financial decisions. That includes budgeting for the future, making suitable investments, overseeing property renovations, arranging insurance, and setting up care packages. Our team provides vital support with such matters, working collaboratively with other professionals such as case managers, care and therapy providers and financial advisors.

“I’m also a qualified Trust and Estate Practitioner, which means I regularly draft Wills, trusts, and statements for clients. In addition, I assist with a wide range of deputyship applications. This might involve helping someone apply to become a deputy or supporting an existing deputy in applying to the court for special permissions, such as buying property or putting a Statutory Will in place.”

Court of Protection clients

Claire, Zoey and the team typically work with a wide range of clients, most of whom have sustained brain injuries. These clients vary in age, from those with birth-related injuries to individuals who acquired brain injuries later in life.

Their care needs differ significantly, some require 24-hour support, while others need only minimal assistance. The impact of the brain injuries also varies, with some clients experiencing complex cognitive or behavioral challenges.

Among the most difficult cases are those involving clients who appear physically capable but are unaware of their cognitive impairments. Clients also come from diverse socio-economic backgrounds, contributing to the variety and complexity of the role.

Zoey Phillips, Court of Protection Solicitor supports both lay and professional deputy applications, and prepares Court of Protection costs reports for UK and Gibraltar clients. Clients praise Zoey for her energy, client care, clear communication and compassionate support during complex Court of Protection processes.

Zoey explains: “The Court of Protection helps to make sure that people who lack capacity can’t be exploited or denied their rights, with the Court-appointed deputy working to ensure that decisions are made in the best interests of each individual.

“My clients’ situations can naturally be very challenging for both themselves and their loved ones, and it’s my role to ensure that their affairs run as smoothly as possible for all concerned.

“I began working on Court of Protection matters during my training contract and took to it straight away – no two days are ever the same and you make a genuine difference to the lives of the people with whom you’re working.”

How can Hay & Kilner help

Here at Hay & Kilner we can talk you through how to become a deputy and complete the application on your behalf, or we can take on the role of a professional deputy for you. To find out more, contact us.

The Hay & Kilner way

Hay & Kilner is one of North East’s leading independent law firms and provides comprehensive legal advice across every aspect of the law to businesses and individuals from both within and outside the region.

Get in touch to find out how we can help you.