Court of Protection

If you want to make decisions on behalf of a loved one who has lost the ability to do so themselves, we will help you apply to the Court of Protection and regain control.

When someone loses the ability to take care of their own affairs, it can pose all sorts of problems for their family and loved ones.

They may have suffered a life-changing injury. They may have a degenerative illness. Or age might mean they are now unable to do cope on their own.

If this is the case, you or a legal professional can apply to be appointed as their Deputy, to look after the best interests, by making an application to the Court of Protection.

The Court has the power to make financial or welfare decisions on behalf of people who lack the mental capacity to do so themselves, to prevent them from being exploited or denied their rights. Or they can appoint a Deputy to act for them.

Should you face this sort of complicated scenario, we can provide forward planning and help you overcome any challenges.

• Appoint & support a Deputy
• Act as a Professional Deputy
• Buy, adapt & sell a property
• Tax planning & gifts
• Lasting Powers of Attorney
• Statutory Wills
• Personal Injury Trusts

Our comprehensive Court of Protection services

Our experienced Court of Protection Solicitors can offer expert legal advice and handle any matters where decisions need to be made in their best interests of a vulnerable person.

Lay Deputy application: Usually a friend or family member appointed to represent a loved one by the Court and make decisions in their best interests.

Professional Deputy application: Usually a Solicitor, Lawyer or Legal Professional appointed to make complex financial and welfare decisions.

Statutory application for a Will: Wills which are made and approved by the Court on behalf of a person who is lacking mental capacity. It is treated in the same way as a regular Will when the person passes away.

Gift applications: Giving a gift on behalf of someone without mental capacity must be done through the Court of Protection.

Personal Injury Compensation Management: If a person has suffered a life-changing brain injury, it is possible to pursue a case for compensation and manage the funds on their behalf.

Personal Injury Trusts: This legal arrangement is a way to hold and manage the funds from a successful personal injury compensation claim. Usually, two Trustees make decisions on behalf of the injured person.

Deprivation of Liberty Safeguards: If you think a vulnerable person has had their freedoms restricted unfairly, we can help you challenge the decision.

Emergency Court of Protection Applications: If you need to make an urgent decision on behalf of a vulnerable person, we can help you apply to the Court.

Contested Court of Protection Applications: If you are unhappy with the Deputy or Attorney making decisions on behalf of a loved one, you can make an application to remove them.

If you require any help dealing with the Court of Protection, call 0191 5666 500 to discuss your situation without any obligation.

What responsibilities does a Deputy have?

Making an application to become a Deputy is not straightforward. It is a lengthy and complicated process which comes with specific legal requirements.

Before making an application, we would always recommend seeking professional legal advice.

To be considered as a suitable Deputy, you must:

• Have suitable skills and be committed to carrying out the role.
• Make sure every decision is made in the person’s best interest.
• Carefully consider decision the person made in the past.
• Apply a high standard of care involving others professionals, if appropriate.
• Do everything possible to help the person understand each decision.
• Keep and maintain a set of audit-ready accounts
• Document the decision-making process

Please click to access detailed information about our Court of Protection costs and approximate timescales.

To discuss your situation in the strictest confidence, call 0191 5666500 or contact us to request a call back.