Gillhams Solicitors is based in north London and specialises in Court of Protection, Property and Private Client matters. The team are dedicated to looking after mainly elderly and vulnerable clients to ensure their best interests are always looked after.
Christopher Poxamatis, Partner, Gillhams Solicitors explains: “I lead our Court of Protection department of eleven experienced team members and we fight for our clients who are vulnerable. I am one of the few panel deputies in London, appointed since 2015 to be referred to for Court of Protection cases. However, we are also regularly approached by family members or referred to by Local Authorities and other firms too, where a vulnerable person needs legal support
If we are awarded a Deputyship by the Court of Protection, our job is to look after all the assets and liabilities of the person with mental incapacity, including any property to act in their best interests. We will make financial decisions on their behalf. While we have a duty to consult with family members the financial decisions rest with the Deputy.
The first step is to meet the client and any family members or other key individuals, and go through any information provided by the Court of Protection. We are trying to build a picture and gather as much information as possible about the client’s financial situation to establish their assets and any liabilities. We would usually visit their home and look for bank statements and share certificates too.
We will also complete an Asset and Liability search with Estatesearch. This is an automated process where Estatesearch writes to over 400 financial institutions to confirm if accounts are held by the client and if so, we can make further enquiries about the nature of those accounts. One search revealed a bank account which no-one knew about and further enquiries discovered it containing £80K. Estatesearch’s Asset and Liability search is now part of our due diligence process.
We will write to the financial institutions where accounts are held to take over bank accounts to ensure that any money is used in the client’s best interests. This may include looking at interest rates and even moving money to the Court Funds Office if it offers a higher level of interest. For those with significant assets, perhaps in clinical negligence or personal injury claims, we get investment proposals from the reputable investment advisors to ensure funds provide the best return possible.
We will also open a Deputyship Account which becomes the only account where all income and outgoings go through. This reconciles the activity of the estate in one place.
We will register a restriction with the Land Registry to ensure fraudsters cannot sell the property. If the client is not able to return home, then we may look renting the property to provide an income for the client or, if it is more appropriate to sell, then we can arrange this too.
Estatesearch’s unoccupied property insurance is helpful. With other insurance companies, weekly or fortnightly agent property visits can quickly mount in cost. However, while we would continue to ensure the property is checked regularly, with Estatesearch’s unoccupied property insurance, such frequent visits are not required.
Sadly, fraud is a huge risk for vulnerable people and one of our key responsibilities is to protect clients in this regard. We will check current and savings accounts for any evidence of financial abuse. We have come across instances where elderly clients have been living in care homes and regular unauthorised withdrawals have been made. Usually in these cases, the banks are helpful as security has been breached and they are able to rectify the situation.
However, there have also been occasions where fraudsters break into unoccupied properties and attempt assume the vulnerable person’s identity either to steal money from accounts once they have accessed the post or even to try and sell the property. In one case we were instructed to work on, the perpetrator had rented out an empty property. The tenants needed to be evicted so they became victims of the fraudster’s illegal activities too.
In another particularly serious case we were asked to investigate by The Court of Protection, we discovered a substantial undeclared savings account, where the solicitor themselves had card access. Fraudulent payments had been taken by the solicitor and he was ultimately prosecuted and put in prison.
When we are appointed as a Deputy in a Court of Protection case we take this responsibility incredibly seriously. Unlike a normal client solicitor relationship where advice would be given and the client makes the decisions, here, we make those decisions on behalf of those who cannot. Gillhams has been working in this area of law for more than 20 years and we have an amazing, empathetic and dedicated team who find it rewarding to safeguard our vulnerable clients and always protect their best interests.
For further information about Gillhams please see: https://www.gillhams.com/
Orginally published on Today’s Wills and Probate.