If your loved one does not have the mental capacity to deal with their own affairs, our specialist Court of Protection solicitors are here to help. We offer compassionate advice and expert support, whether you need to apply for a deputyship or are dealing with the practicalities of the role.
It can feel overwhelming when your loved one doesn’t have the capacity to deal with their own financial affairs or make informed decisions about their personal welfare.
Our Court of Protection solicitors are on hand to guide you through this challenging time.
We can help you with:
- Deputyship applications to the Court of Protection
- Understanding a deputy's role, powers and duties
- Statutory Will applications
- Ongoing support for deputies in their role
- Professional deputyship services
We explain everything in plain English, with clear advice so you know exactly what to expect at each step.
We understand this is much more than simply managing financial or other matters – it's about ensuring someone you care about receives the protection they need. Our priority is safeguarding their best interests and providing the right support for both of you.
What is the Court of Protection?
The Court of Protection is there to protect people who don't have the mental capacity to make decisions for themselves. The Court has the power to assign somebody (a ‘deputy’) to look after someone’s financial or health needs, or both.
If your loved one lacks mental capacity, you're not able to act on their behalf unless they have previously named you within a Lasting Power of Attorney or Enduring Power of Attorney document (and, even then, there may be some restrictions). In this situation, you may decide to obtain a deputyship order from the Court of Protection, which appoints a suitable person as deputy, or to seek guidance from the Court.
Understanding the role of deputy
The Court can appoint deputies for:
- Property and Financial Affairs – this includes managing finances, property, investments, and day-to-day expenses.
- Health and Personal Welfare – this includes making decisions about medical treatment, care arrangements and daily living.
The ongoing duties are slightly different for each. While deputies have similar powers to attorneys appointed under Lasting Powers of Attorney, there is much more oversight of the deputy role in terms of ongoing supervision and reporting.
The Court may need to approve certain applications to check these are in the best interests of the individual, such as using resources for tax planning purposes or putting a new Will in place. This can apply even if the individual has a Lasting or Enduring Power of Attorney in place.
Support from our Court of Protection specialists
As your trusted advisor, we get to know you and your loved one so we can achieve the best results for them.
Our Court of Protection solicitors offer:
Advice on your deputy application
It's not always straightforward to become a deputy. You must apply to the Court of Protection, which involves providing detailed information about the person you wish to become deputy for, as well as other relevant details.
We know it can be tricky to understand the Court’s processes and timescales during what is often a confusing and stressful time. Our experienced solicitors will steer you through the process, ensuring the application goes as smoothly as possible.
Support for your role as deputy
Navigating your duties as a deputy can feel challenging as you may be facing difficult or upsetting decisions.
We provide practical guidance on the scope of your duties and the day-to-day management of this important role. We can also support you on ad-hoc, specific issues as they arise.
Professional deputyship services
We can act as a professional deputy in certain circumstances, such as if your loved one's affairs are especially complex (for example, where they have received a compensation award from a clinical negligence or personal injury claim), where there is no other suitable deputy, or where a deputy has given up or wants to give up their duties.
This is a responsibility we take seriously, as we know any decisions made have a direct impact on their day-to-day lives. We act with compassion to involve the individual as far as possible.
As a professional deputy, we undertake many duties, including:
- Completing tax returns
- Paying for care
- Accessing benefits
- Applying for a statutory Will
- Making decisions regarding healthcare
- Making decisions regarding accommodation
- Submitting your annual report to the Office of the Public Guardian
Guidance on statutory Will applications
A statutory Will is a legal document created by the Court of Protection on behalf of a person who lacks the mental capacity to make or amend their own Will. This aims to ensure their estate is distributed in a way that reflects their likely wishes and is carefully overseen by the Court of Protection.
We can guide you through this complex process and ensure compliance with the Court of Protection's requirements.
Trusted Court of Protection solicitors
We're experienced in safeguarding clients who do not have the mental capacity to deal with their own affairs. As Court of Protection solicitors, we work with individuals who are under the court and also advise loved ones acting under Powers of Attorney.
We take the time to build relationships, helping our clients and their families feel more at ease when dealing with situations which are often difficult and worrying.
Our expert solicitors are recognised in leading legal directory, the Legal 500, which notes we are “very approachable and knowledgeable”. We’re also members of the Society of Trusts and Estates Practitioners (STEP), so you can be confident we’re at the forefront of best practice.
Most importantly to us, our expertise is reflected in the positive feedback we receive from our clients.
Find out more
We believe in making the complexities of the Court of Protection as straightforward as possible, keeping the best interests of the vulnerable person at the centre of everything we do.
If you need legal advice on deputyships and the Court of Protection, contact our experienced team using our online enquiry form or call us at one of our offices.