Gemma has recently joined the Private Client team at Roythornes from working in-house at the Office of the Public Guardian (OPG). She is an experienced Court of Protection solicitor specialising in complex contentious matters including disputes over the capacity of a vulnerable person, the reasons behind the Court’s decision to revoke Lasting Powers of Attorney, Enduring Powers of Attorney and deputy authorities. Gemma has also been involved in several linked applications involving welfare decisions over residence and treatment, deprivation of liberty and statutory wills.
Fully understanding the difficulties and sensitivities of acting as a deputy or an attorney, Gemma can assist in making applications to the Court of Protection for permission to pay gratuitous care, to sell or rent a property and to make large gifts. Her experience has given an insight into making best interest decisions for a vulnerable person who has lost capacity to make a specific decision themselves. A loss of capacity can be caused by a brain injury resulting from a car accident or medical negligence, to those who may be suffering from Alzheimer’s or dementia-type illnesses. Each decision is specific to that individual and their personal circumstances and, as such, Gemma ensures her approach and advice is tailored to them and that every decision is made in their best interests.
Her experience includes regular appearances in the Court of Protection as a litigation lawyer representing the Public Guardian in applications over retrospective capacity disputes, property affairs and welfare disputes resulting in the removal of deputies and attorneys who have breached their authority or not acted in the vulnerable adult's best interests.
Gemma is highly experienced in applications and provides specialist advice and guidance to members of our Private Client team on all Court of Protection matters. This includes, but is not limited to the following applications:
- the appointment of deputies for property and financial affairs, and health and welfare;
- declarations as to the lawfulness of actions to be taken by others;
- powers in relation to Lasting Powers of Attorney;
- powers in relation to Enduring Powers of Attorney;
- personal welfare matters such as deciding where a person is to live; what contact the person should have with any specified person; prohibiting contact; and directions over the person responsible for health care;
- property and financial matters such as the sale or purchase of property; carrying on of a person's business; the execution of a will and the conduct of legal proceedings.