Alison has specialised in Court of Protection, financial Deputyship and Mental Capacity matters since the Mental Capacity Act 2005 came into force and works alongside the Wills and Mental Capacity, Probate and Disputes team, Alison’s areas of expertise include:
- Court of Protection applications for property and affairs – for example where a relative or friend wishes to be appointed as Deputy for Property and Affairs for someone who lacks capacity. This also includes advising on professional deputyship (where there is nobody able, willing or suitable to be the Deputy or there are significant assets to be managed); other “one off” or technical applications (where Court authority is needed e.g. where property is jointly held and one owner lacks capacity); PI trusts and Statutory Wills and general day to day management of finances.
- Statutory Wills/Codicils/Gifts – for example when someone lacks capacity to make a Will or Codicil it may be in their best interests for the Court of Protection to authorise a Will or Codicil in agreed terms. This is quite a complicated process involving liaising with the Official Solicitor as well as the Court.
- Statutory Wills/Codicils/Gifts – advising attorneys/deputies on their powers and duties and applying for advanced or retrospective ratification of gifts by the Court of Protection where appropriate (there are specific rules on how much an attorney or deputy is able to give away each year from the funds of the person who lacks capacity– anything above these limits requires Court approval).
- Contentious Court of Protection matters – for example where parties are in dispute about who should be the Deputy; where joint attorneys cannot or will not work together; and advising on what steps can be taken concerning safeguarding, where financial abuse is suspected.
Further areas of expertise include financial management under deputyship or attorneyship; deputy reports (accounts to the Office of the Public Guardian); liaising with care homes, care providers, family members, social workers, financial advisers and the Court; and matters involving care funding advice (e.g. where NHS continuing care, S117 after care funding may be appropriate).
Alison says: “Clients say I have a caring, down to earth and sensitive approach, which is vital as my clients tend to be very vulnerable.”
Legal 500 2019 Wards Solicitors is recommended for Personal Tax, Trusts and Probate for providing ‘service levels of a very high standard’ and Alison Lamont is held in regard for her ‘very personable, professional and knowledgeable manner’
Qualifications and Experience
- Law degree 2000
- Qualified as a Solicitor in 2009
- Full member of Solicitors for the Elderly (SFE) since 2009
- Member South West branch of the Court of Protection Practitioners Association (CoPPA) since 2013. Committee Member since 2018
- Solicitors for the Elderly (SFE) Older Client Care in Practice Award 2015. Reaccredited 2022
- STEP Advanced Certificate in Advising Vulnerable Clients 2021
- Has specialised in Mental Capacity law and Court of Protection applications since 2009
Supervised by Jenny Pierce