Court of Protection Solicitors

The Court of Protection is a specialist court in the UK that makes decisions on behalf of individuals who lack mental capacity to make certain decisions for themselves. This can include decisions regarding financial matters, medical treatment, or personal welfare. The court ensures that vulnerable individuals are protected and that their best interests are considered.

A Deputyship Order is made by the Court of Protection to appoint someone (usually a family member or professional) to make decisions on behalf of an individual who lacks mental capacity. There are two types of deputyship orders: one for property and financial affairs, and another for health and welfare decisions.

A deputy for property and finances may be needed when an individual cannot make decisions about their financial matters due to a lack of mental capacity. Conditions that might lead to this include:

• Dementia (e.g., Alzheimer’s disease)
• Acquired brain injury (e.g., from an accident or stroke)
• Learning disabilities
• Severe mental health conditions (e.g., schizophrenia, bipolar disorder)
• Progressive neurological conditions (e.g., Parkinson’s disease, multiple sclerosis)

You should contact a Court of Protection solicitor if you are concerned about an individual who may lack mental capacity and need assistance with decision-making. A solicitor can help with applications to the Court of Protection for issues such as managing finances, appointing a deputy, or making decisions about health and welfare.

A Lasting Power of Attorney is a legal document that allows an individual (the “donor”) to appoint someone (the “attorney”) to make decisions on their behalf if they lose mental capacity in the future. This differs from a deputyship, as LPAs are made while the individual has capacity.

If an individual loses mental capacity and does not have an LPA in place, an application to the Court of Protection may be required to appoint a deputy to manage their affairs. Without an LPA, decisions about their health, welfare, and finances may be delayed or contested, which is why early planning is important.

To apply for a Court of Protection, you must complete the various application forms. The application requires you to provide information about the person who lacks mental capacity and the reason for the application. You will also need to submit a mental capacity assessment, often provided by a medical professional, to confirm that the person lacks the capacity to make decisions. After submitting the forms and any required documents, the court will review your application and may schedule a hearing. If approved, you will be appointed as a deputy with the responsibility to manage the person’s affairs.

A “best interests” decision is made by a deputy, attorney, or the Court of Protection when an individual lacks capacity to make a specific decision. The decision-maker must act in the best interests of the individual, considering their wishes, feelings, values, and beliefs as much as possible.

The cost of applying to the Court of Protection varies depending on the complexity of the case. An applicant will need to pay Court fees, and additional costs may include solicitor fees and expert assessments. We can provide a detailed cost estimate and explain any available funding options.

The process of obtaining a Court of Protection deputyship typically takes around 6 to 9 months. This timeline can vary depending on the complexity of the case, whether there are any objections, and how quickly all necessary documents are submitted. If the application is straightforward, it may be processed more quickly, but in more complex cases or if there is a dispute, it could take longer.

Yes, if a deputy is not acting in the best interests of the individual, or if there is a conflict of interest, they can be removed or replaced by the Court of Protection. The court will consider the circumstances and make a decision in the best interests of the individual lacking capacity.

While it is not a legal requirement to have a solicitor, it is highly recommended. The process can be complex, and our team will help you navigate the legal system including ensuring that your application is completed correctly and helping gather the necessary evidence.

Yes, we can ask the Court of Protection for us to be appointed as professional deputies to manage the finances of someone who lacks capacity. This is advisable where there is no one who is able or suitable to act, or where the person has a large estate.

You can contact us through our website or by calling us directly. We can assess your situation and provide tailored advice on how to proceed with your application to the Court of Protection.

In cases involving property and financial affairs, the general rule is that the costs of the proceedings are typically paid by the person who lacks mental capacity.