Services For Professional Deputies

Our holistic Service for Professional Deputies and Attorneys is designed to help you to ensure that you are achieving the best possible outcomes for your vulnerable clients, their families and their carers.

Our professional clients are able to take advantage of our specialist expertise in unravelling the complex Community Care and Education Law and Employment Law issues that make a real difference to their own clients, and are reassured in knowing that we do not compete with their practice areas on any level.

We deliver tailor-made training, file audits and casework support services to Professional Deputies, Attorneys and Private Client teams.

See our brochure for full details on Martin Searle Solicitors’ Community Care & Education Law Services for Professional Deputies & Attorneys

It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.

Our non-compete promise for professionals

We do not employ lawyers who act as Deputy, Attorney or Trustee, nor do we deal with Estate Planning, Wills, Trusts, or Personal Injury Litigation. Rather, our expertise allows our professional clients to provide swift and efficient solutions where complex community care law and employment law issues impact on your vulnerable client group. We work in partnership to enhance the expert service our professional clients already deliver.

In delivering our advice, we are always mindful of possible criticism of the Deputy from potential beneficiaries. This is particularly the case where the increasingly forceful charitable sector try to argue that a vulnerable person’s financial affairs could have been managed differently to increase any charitable donation.

Community Care Law support for professionals

Our advice packages are completely flexible and include community care law services such as:

• Ad hoc advice by email or phone about the options in any particular client case – which you may then resolve without needing our additional input. We can bill each client enquiry separately so that it can be submitted with your Annual Deputy Report: our professional charges have never been disputed by the CoP or OPG
• Individual casework on community care law issues – where you instruct us as Deputy or Attorney, and we act for you on behalf of your client
• File Audits for your adult clients – particularly in relation to NHS CHC funding eligibility for your client, or other sources of state funding, where you need to be able to demonstrate that you have taken all reasonable steps
• File Audits for your clients under 25 years – particularly in relation to NHS CCC funding eligibility for your client, including a ‘health check’ of their EHC Plan to identify and maximise their eligibility for state funding
• Court of Protection litigation – we recognise that some of our professional clients are very comfortable with non-contested CoP applications but that litigated Health & Welfare issues, Safeguarding & DoLS matters or hotly disputed Finance and Property disputes between family members can feel uncomfortable for a non-litigator
• Delivering bespoke in-house training on complex community care law issues
• Advising and representing Professional Deputies at Best Interest meetings
• Representing Professional Deputies at NHS Continuing Healthcare (NHS CHC) assessments and appeals to secure funding for their vulnerable clients
• Obtaining an EHC Plan or challenging provision in an existing plan
• Providing expert advice during the settlement process for personal injury or professional negligence claims to ensure community care and educational provision and funding is properly considered

We also offer employment law services to Professional Deputies and Attorneys such as:

• Advising on fair and efficient recruitment practices
• Drafting employment contracts and handbooks
• Providing licences for live-in staff or carers
• Ensuring Agency terms are fair and protect the Estate
• Dealing with management issues on behalf of the client such as poor performance or conduct
• Providing specialist HR Consultancy services as and when required
• Advising on TUPE when outsourcing or insourcing
• Dealing with grievances and disciplinary proceedings
• Defending Employment Tribunal Claims