Court of Protection US Guardians

Do your clients have UK property, assets or family?

An increasingly mobile population is resulting in more people moving to the US while retaining assets or interests in the UK. Meanwhile an ageing population means that more are also developing vascular dementia or Alzheimer’s in later life and losing the mental capacity to manage their own affairs. It then falls to someone else to do this on their behalf which can become complicated if you need to start dealing with legal processes in different countries.

At Ashtons Legal we are able to assist Guardians and Conservators who have clients with property or assets in the UK.

In England and Wales, if someone loses capacity without putting a Power of Attorney in place then the Court of Protection becomes involved and appoints a Deputy to support the incapacitated person in managing their finances. We have vast experience of acting as a Deputy and have a team of 17 people dealing solely with this work. We also have experience of acting for clients in a range of international jurisdictions but most commonly those who are based in the US but with assets and property in the UK.

How we can help

The ways in which we can help will depend on what your client is wishing to achieve and the type of assets they hold.

Where there are ‘immovable assets’, such as a house, the Court of Protection will need to appoint a Deputy to either sell the house or rent it out. ‘Moveable assets’ such as bank accounts or shares may also be managed by a Deputy but in some circumstances the Court may allow them to be closed or sold and the proceeds transferred to the US if this is in the client’s best interests.

If you have a client who has had connection with the UK in the past, we can undertake a trace on certain assets such as bank accounts and pensions.

We can make any applications to the Court of Protection to deal with assets as required.

We can act as Deputy for your client to manage assets held in the UK.

If your clients are wanting to return to the UK, we can arrange for the necessary health and welfare support to be put in place to allow them to return safely.

Please call, email or message Adrian Mundell for more information or to discuss a possible referral matter on +44 1842 768778 or (mobile) +44 7738 487518 or email adrian.mundell@ashtonslegal.co.uk