
Ian Macara
Job Title
Partner
Direct Number
Email Address
Fax
01903 229172
Department/s
Care, Capacity and Court of Protection
Ian Macara
Overview
I am a solicitor with over 25 years experience in Private Client matters and during the past 10 years I have been concentrating on our specialist Care, Capacity and Court of Protection Team.
I am 1 of only 71 solicitors in England and Wales to be appointed by the Court of Protection to be on their Panel of Professional Deputies. I am also only 1 of approximately 10 or so solicitors appointed by the Court of Protection to be on their Panel of Professional Guardians.
Qualifications
LLB (Hons) Law 2:1 degree in 1993
Diploma in Legal Practice, commendation, in 1994
Admitted as a solicitor in 1996
Appointed as a Panel Deputy in 2016
Appointed as a Panel Guardian in 2018
Solicitors for the Elderly (SFE) – full member
Society of Trusts and Estate Practitioners (STEP) – full member
Recent Cases
Mrs C
I was appointed as Deputy for a lady after someone who became an unofficial carer took advantage of her vulnerability, isolated her and appointed himself as Attorney. He even paid untrained carers in alcohol! He then persuaded her to gift him significant funds and rewrote her will to exclude her disabled daughter and leave everything to him.
Social services became involved and removed her to receive appropriate care. The Court then cancelled the Power of Attorney and appointed me as Deputy to investigate the mismanagement/financial abuse and then manage her affairs moving forward.
My team and I were able to secure what funds she had left, support the police in their charges and prosecution. We also pursued an application for the Court to approval of Statutory Will to remove the fraudster as residuary beneficiary and to reinstate her previous wish that her disabled daughter be the sole residuary beneficiary.
While the Court approved a small legacy to the perpetrator as a strategic decision to save her incurring significant legal costs, after my client sadly died, the man was convicted and a costs/compensation order was made in the criminal court so that we did not have to pay the legacy and the daughter received all of her mother’s estate.
Miss G
I was appointed Deputy in place of a mother who was the main carer for her daughter who had suffered medical negligence at birth and received a significant six figure settlement.
Sadly, mother was vulnerable at the time due to the toll of her amazing care for her daughter and was subject to financial abuse as well as struggling with complying with the duties and financial responsibilities of being a Deputy.
The Court appointed me as a replacement to her as a Professional Panel Deputy.
I was able to establish a positive working relationship with the mother who was actually relieved at receiving some professional support .
We obtained retrospective approval for some of the decisions that the mother had made, but without authority, and secured a insurance payment for funds that were misapplied so that her daughter had her funds replenished for her future.
We also worked with the mother to secure funding for a specialist residential educational placement and are now looking at the transition from this.
We have now worked closely with a specialist financial advisor over recent years so that both mother and Miss G have confidence and security looking ahead.
Areas of Expertise
- Assessment of Capacity for different types of decisions
- Attorney duties and compliance and breaches
- Deputy duties and compliance and breaches
- Applications to the Court of Protection for Deputyship
- Application to the Court of Protection for Specific Orders such as
- Approval of Statutory Wills
- Permission to sell or purchase property
- Permission to make gifts
- Permission to make tax efficient investments
- Retrospective approval of decisions by Deputies or Attorneys
- Advice on care planning, provision and funding including
- Crisis admission to hospital
- Discharge planning
- Convalescence
- Home
- Supported Living
- Residential or Nursing Care Home
- NHS Continuing Health Care Funding entitlement/reviews
- Personalise Care Plans and Statements of Preferences
Memberships
- Dementia Friends Champion – accredited by Alzheimer’s Society to provide information sessions
- Worthing Dementia Action Alliance – member of the steering committee
- Court of Protection Panel Deputy – 1 0f 71 in England and Wales
- Court of Protection Panel Guardian – 1 of 8 or so in England and Wales
- The Professional Deputy Forum – member
Client Testimonials
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I was singing Bennett Griffin’s praises to ….. this afternoon and I said it’s so relieving to now have specialist Court of Protection legal representation, who can advise and make all of the decisions on what is the best approach moving forward. I’m so grateful we have you and Ian acting for us and more importantly for ….. thank you
Client Feedback | Ian Macara | Court of Protection
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“Thankyou for caring for Joyce, you are a wonderful team!”
Client Feedback | Ian Macara | Private Client
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“Very best wishes and many thanks for your patience, kindness and efforts”
Client Feedback | Jessica Boyle & Ian Macara | Private Client
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“Thank you Ian. Jessica has been doing a fabulous job for us. We are extremely grateful to have such excellent support”
Client Feedback | Ian Macara & Jessica Boyle | Private Client
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“Many thanks for yours and Jackie’s help. We think you and Jackie are fantastic!”
Client Feedback | Ian Macara & Jackie Mensah | Private Client
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“… everyone on all sides across the globe is what it has taken!! Our appreciation to everyone involved is beyond words!!!! Like you said, bridges are always better up than down! It was to this end, another shot at it’ was attempted and the more positive result followed. Huge thanks to you, Jackie and all the team at Kew from the bottom of our hearts for all that you have done.”
Client Feedback | Ian Macara & Jackie Mensah | Private Client