Court of Protection

We help families ensure that their loved one’s affairs are managed properly, lawfully and with dignity.

What Is the Court of Protection?

The Court of Protection is a specialist court designed to protect and empower such individuals by making decisions on their behalf or appointing someone else to do so. It exists to make decisions on behalf of individuals who lack the mental capacity to do so themselves. It is governed by the Mental Capacity Act 2005 and deals with both one-off decisions and ongoing arrangements for managing someone’s financial affairs.

Typical reasons for a person lacking capacity might include:

• Dementia or Alzheimer’s disease
• Severe learning difficulties
• Mental health conditions
• Serious brain injuries
• Stroke or degenerative illness

In the absence of a valid Lasting Power of Attorney (LPA), families may need to apply to the Court for legal authority to act.

Deputyship Applications

If someone you care for lacks mental capacity and has not made an LPA, you will need to apply to the Court of Protection to be appointed as a deputy. This gives you legal authority to manage their finances.

We will help you with:

• Completing the necessary application forms
• Obtaining and submitting a medical assessment of capacity
• Drafting a declaration outlining your suitability as deputy
• Liaising with the Office of the Public Guardian
• Handling any queries or delays from the Court

Our goal is to make the process as straightforward and stress-free as possible.

Ongoing Deputy Support

Once appointed, deputies must act in the best interests of the person they are representing, and there are strict legal duties to follow. These include record keeping, submitting annual accounts to the Office of the Public Guardian and ensuring transparency in all financial decisions.

We regularly assist deputies with:

• Understanding their legal obligations
• Preparing annual reports and financial accounts
• Managing complex assets, such as property or investments
• Liaising with third parties such as banks or care providers

We also provide practical support in dealing with day-to-day issues that can arise when managing someone else’s affairs.

Statutory Wills

If a person who lacks capacity has not made a valid Will – or needs to update it – the Court of Protection can approve a Statutory Will. This ensures their estate is distributed in a way that reflects their best interests and current circumstances.

We can guide you through:

• Drafting the proposed Will
• Gathering evidence of the person’s wishes and relationships
• Preparing the application to the Court
• Liaising with the Official Solicitor where required

Statutory Wills can be especially important in situations where there are changes in family dynamics, or when protecting someone’s estate from unnecessary Inheritance Tax.

Our specialist solicitors have handled a wide range of applications and ongoing deputyship matters.We understand that this process can be emotionally difficult and we are here to guide and support you with empathy and professionalism. Our fees are transparent and our tailored solutions give you confidence in both the process and the outcome.

If you need to make an application to the Court of Protection or simply want to understand your options, speak to one of our expert solicitors today.