Court of Protection

The Court of Protection can make decisions and grant orders on behalf of someone who has lost capacity.  These decisions can be about a person’s property and financial affairs or their health and welfare.  The Court can appoint deputies to make those decisions (e.g. if a Lasting Power of Attorney has not been made in time). The most common application to the Court of Protection is for property and affairs deputyship.

We frequently act for family members who wish to be appointed as deputy for a loved one who has a medical condition resulting in a loss of mental capacity.  Deputyship is often required at a time when it is difficult for families to cope and we understand this and provide support and guidance throughout this process.

We can help you in dealing with local authorities / the NHS regarding funding matters and make sure the correct benefits are claimed.

We act for a growing number of clients as professional deputies for property and affairs.  Sometimes a professional is needed to act as the deputy.  This could be because of conflict within a family or previous financial abuse by an attorney.  Sometimes there are complex issues to be sorted out and in other cases, there is simply nobody else willing and able to act.

If you think that a professional deputyship may be required, we are more than happy to talk you through what is involved.

Where there is no attorneyship for health and welfare in place, usually welfare decisions are best made cooperatively between health and social care professionals and others, including family, who have an interest in the person’s welfare.  This is called Best Interest decision-making.  We can advise on this process and on any complications that may arise under the Mental Capacity Act and Care Act.  In cases of conflict about what is in a person’s best interests, the Court of Protection may need to decide.

Sadly we do see cases where clients have been taken advantage of when they are at their most vulnerable.  If you think an elderly friend or relative may have been the victim of financial abuse your first port of call should be the police.  We can advise on what action can be taken against someone who has committed financial abuse.

If you act as an attorney or deputy, we can advise you on your duties and the limits of your authority.  We frequently act on behalf of attorneys and deputies who need to apply to the Court for authority to sell a property, to make gifts or to put a statutory Will in place.

We can also advise you on your options if you are being investigated by the Office of the Public Guardian.

Usually the Official Solicitor (based in London) will act for the person who lacks capacity in applications for a statutory Will or gift.  However, sometimes the Official Solicitor cannot act and will ask a local solicitor to be appointed as litigation friend instead.  Our panel deputies are happy to assist in this situation to determine what is in the best interests of the person who lacks capacity and act on their behalf.  We also routinely act for applicants or respondents in such applications.

• Download our Court of Protection legal guide
• View our frequently asked questions here.
• View our case study examples here.
• View our videos on probate disputes here.