Higgs & Sons moves into Court of Protection

12th October 2020

Higgs & Sons moves into Court of Protection

A leading West Midlands law firm has increased its offering by adding Court of Protection work to its repertoire.

Higgs & Sons, based in Brierley Hill, is one of the few in the country which now regularly acts for people who are under the jurisdiction of the Court of Protection.

The move comes after the recruitment of solicitor Michelle Weaver, who holds the Higher Rights qualification in Criminal and Civil proceedings, enabling her to represent clients in capacity matters in the High Court and Court of Protection.

Michelle can advise clients on all aspects of Court of Protection litigation, including bringing claims on behalf of an attorney or deputy, defending claims brought against an attorney or deputy and retrospective gifting applications.

Before joining Higgs & Sons at the tail end of 2019, Michelle was at the Office of the Public Guardian (OPG) where she worked on a number of significant cases.

These included Public Guardian v Matrix Deputies Ltd & Anor [2017] EWCOP 14, where she instructed and worked closely with Counsel in a successful multi deputyship application to remove a professional deputy from 44 cases due to their lack of management controls, failure to heed OPG’s advice and acting against the best interests of vulnerable people.

Michelle also led on The Public Guardian v DA & Ors [2018] EWCOP 26, where she instructed and worked closely with Counsel in the High Court case involving Lasting Power of Attorney instruments that purport to give the attorney(s) the power or encourage assisted suicide or euthanasia and how attorneys should act.

Michelle is passionate about the Guardianship (Missing Persons) Act 2017, which allows someone, usually a family member, to apply to the High Court to be appointed as guardian when someone has been recorded missing for 90 days.

Michelle, from Sutton Coldfield, said: “I’m proud to have joined a reputable and well-respected firm in Higgs & Sons.

“Our experienced team can work with individuals, their families and carers, trustees, beneficiaries and other professionals on a broad range of issues related to capacity, including the law and procedure of the Mental Capacity Act 2005 and ongoing financial management and planning in conjunction with other professionals.

“My personal experience means we can also work on Court of Protection cases and I want to help increase the firm’s reputation in this area.”

Higgs & Sons partners are experienced in acting as independent Deputies for incapacitated people. Head of Private Client, Nick Moxon is the Court of Protection appointed Panel Deputy for Birmingham and the Black Country. Nick has also recently been appointed as a Panel Guardian for Birmingham and the Black Country.

For more information, contact 0345 111 5050.


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3 Waterfront Business Park
Brierley Hill
West Midlands, DY5 1LX

Call Us: 0345 111 5050


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Higgs LLP is authorised and regulated by the Solicitors Regulation Authority number 819589.