Court of Protection

What is Court of Protection

The court of protection court oversees decisions on matters of finance, property and welfare for individuals who lack the mental capacity to make decisions themselves. This could be due to learning disabilities, dementia, mental illness, or brain injury, amongst other things.

What Does a Court of Protection Do?

The court of protection was established to protect individuals who lack the mental capacity to make decisions themselves in connection with their financial affairs or what medical treatment someone receives or how they are cared for and seeks to ensure all decisions made on their behalf are done so with their best interests in mind.

The Court of Protection is responsible for the following:

• Deciding whether someone has the mental capacity for themselves.
• Appointing deputies to make ongoing decisions for people who lack mental capacity.
• Giving permission to make one-off decisions on behalf of someone else who lacks mental capacity – this can include deciding where they should live, what care they need and decisions on financial agreements.
• Handling urgent or emergency applications where a decision must be made on behalf of someone.
• Making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration.
• Considering applications to make statutory wills or gifts.
• Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.
• Settling disputes over care or financial decisions.

The court of protection plays a vital role in protecting individuals, who lack capacity, from exploitation and ensuring their rights are upheld. To achieve this, the court appoints an approved representative, known as a “deputy,” to manage the affairs of vulnerable individuals.

A deputy is responsible for making important decisions on behalf of the person in need, always prioritising their best interests. This process is essential for safeguarding the welfare of those who cannot make decisions for themselves.

Read more on deputyship orders here.

How a Court of Protection Solicitor Can Help?

Our specialist court of protection Solicitors can help with:

• Deputyship applications with respect to financial decisions.
• Acting as a professional deputy – A professional deputy is usually a solicitor who is appointed by the court of protection to make complex financial and welfare decisions in the best interests of their client.
• Statutory Will Applications – A statutory will is created and sanctioned by the court for an individual who lacks the capacity to make their own will.
• Gift Applications – Giving a gift on behalf of someone who lacks capacity.
• Personal Injury Trusts – After filing a personal injury compensation claim, a personal injury trust is a legal arrangement that enables you to hold and manage the funds received from your compensation.
• Cases involving vulnerable adults that have been assessed to have mental capacity to make one decision, but not in relation to another.

We will explain everything to you in plain English and we will aim to provide straight forward advice that seeks to limit both legal jargon. Our court of protection team will be with you every step of the way. We understand that contacting a solicitor can be worrying, but our team is approachable and easy to talk to. You can find a number of client reviews on our Review Solicitors profile.

Contact us or call us on 0114 2743 481 to book your appointment today.

Court of Protection Deputyship Order

To become a deputy, you must submit an application to the court of protection. This involves completing various forms to provide the court with all necessary information, which can be a time-consuming process. It’s crucial that all information is accurate to avoid any delays in the application.

Additionally, an assessment of the individual’s capacity is required to confirm that they can no longer manage their own affairs.

Learn more on deputyship orders.

The Court of Protection Process

The court process involves strict procedures and may require the participation of family members, which can be challenging, especially if relationships among them are strained or if there are conflicts with the individual at the centre of the proceedings. This process is often slow and can be more costly than establishing a Lasting Power of Attorney.

For family members, this can be a particularly stressful time, as property sales may be halted and access to funds will be limited while the individual is unable to manage their finances. Additionally, families often find themselves trying to arrange care for their loved one, adding to the emotional burden.

When a loved one loses mental capacity, the last thing you may want is to navigate a lengthy court application. At Howells Solicitors, our experienced team specialises in court of protection applications and is ready to support you through this challenging process.

Why Choose our Court of Protection Solicitors?

Given the complexities that can arise when pursuing a deputyship order through the court of protection, it is important you choose a specialist estate planning solicitor with a proven track record of handling court of protection cases.

When you contact Howells Solicitors, our court of protection Solicitors will guide and support you through the court of protection process with compassion and understanding. We will deal with all of your requests, worries and questions, and will fill out and process all paperwork, helping the process as efficient as possible and taking all stress away from you.

Contact us or call us on 0114 2743 481 to book your appointment today.

Court of Protection Fees

Our court of protection specialists provide the highest quality advice on all aspects of Wills, Trusts and Probate while offering value for money. Many of the services we provide are offered as a fixed fee. Find a full list of Wills, Trusts & Probate fees here.

Contact us or call us on 0114 2743 481 to book your appointment today.