Janine Guthrie joined Tayntons in May 2014 from a top Legal 100 firm in London which was also a top 25 Private Client firm returning back to her Gloucestershire roots. She heads up the Private Client Department.
She advises individuals and families on all aspects of private client work including Wills, Lasting Powers of Attorney, Enduring Powers of Attorney, Deputyships, Trusts, Care fees and probate.
Janine adopts a sympathetic but practical approach with clients, for what can be an extremely difficult time.
In relation to deputyships, Janine assists with applications by family members or others to be appointed as a deputy and also advises deputies with specific legal issues, court applications or general financial management. Her work ranges from obtaining deputyship orders for “children” in respect of their elderly parent or parents, applying for deputyships when there has been personal injury or clinical negligence resulting in lack of capacity and young people who have special needs.
Janine is a member of Solicitors for the Elderly
Her notable work includes:
- Janine acted for a child, L, who came to the UK from the Middle East to have an operation to cure a heart defect. The operation was mismanaged and she suffered serious physical and mental injuries. L’s clinical negligence claim was settled for over £2.5 million. This matter also involved an urgent application for a large lifetime gift for the client’s father, which involved liaising with both the Official Solicitor and L’s family at home. The purpose of the gift was to settle debts incurred by L’s father during the litigation. The application was made on an emergency basis due to the family’s difficult circumstances and approved by the Court. Evidence had to be obtained from the Middle East to evidence the family’s need and the negative impact this was having on L.
- Janine was instructed by A, who is Deputy for his mother, G. G is now in a care home and A would like to sell her property and either invest the proceeds or purchase a further property as an investment for her. A has seen a possible investment property for approximately £400,000. G’s current property is worth approximately £500,000. An application to the Court of Protection was made for an order for sale of the property and purchase of a subsequent property. The deputy also needed to obtain independent financial advice and a valuation report carried out by a surveyor. G is almost 83 years old and has Alzheimer’s. Janine needed to demonstrate to the Court that G’s best interests had been taken into account in relation to her health and life expectancy and also that A, as her Deputy, has taken proper advice in relation to any decision taken in investing the funds following the sale. The Court granted the application.
- Janine acted for D who wished to become the Deputy of a relative who had lost capacity. The relative lived in the UK but D did not. Janine was instructed through another firm of solicitors in the foreign jurisdiction. D did not have the necessary financial details for his relative to supply to the Court and so Janine applied to the Court for an interim order which D could provide to the banks to release the necessary information. This was required in order for the application for Deputyship to proceed. After that information had been provided to the Court the Court made a Deputyship order in D’s favour.
- Janine advised a client, who had already been appointed as Deputy for her mother. The Deputyship order had not provided for the Deputy to sell or purchase property on their mother’s behalf. The mother had now moved into a care home and the property needed to be sold to pay for care home fees. We made a successful application to the Court to allow the Deputy to sell the property.
- Janine acted as deputy to a client, Y, who suffered injuries and losses as a result of being assaulted in 1998. Y is in his 50s and has little family in the UK.