Court of Protection Solicitors

We help you to support your loved ones when they need it

If a loved one has lost the capacity to manage their own affairs, the Court of Protection can empower you to help with their decision making. Our expert Court of Protection solicitors can guide you through making an application and acting for your loved one.

Whether you need help with a one-off situation, such as selling a property, or need to act for a vulnerable person on an ongoing basis, we have the experience you require. While these matters can be daunting to deal with, we are here to make things easier.

Victoria Wood
Meet the team

How we can assist with Court of Protection matters

Our Court of Protection solicitors can provide expert support for matters including:

Have a question? Please read our Court of Protection FAQs or get in touch.

Reasons to choose Longmores for help with the Court of Protection

  • We have a dedicated Older and Vulnerable Client team, so you can be confident of our specialist expertise in these complex situations
  • Our Private Client team is consistently ranked in leading client guide the Legal 500
  • Several of the team are members of the prestigious Society of Trust and Estate Practitioners (STEP), reflecting their high level expertise
  • Associate Solicitor Victoria Wood has completed the STEP Advanced Certificate in Advising Vulnerable Clients
  • We listen to you, so we can ensure all of your concerns are answered
  • We keep things simple, always explaining everything in plain English
  • We will work closely with you, giving you and your loved ones exactly the support you need, when you need it

Speak to our Court of Protection solicitors

To discuss your requirements with our Court of Protection experts, please get in touch.

01992 300333                     Ask a question

Our Court of Protection expertise

One-off applications to the Court of Protection

It may be necessary to apply to the Court of Protection for permission if you need to take certain actions on behalf of a vulnerable loved one. Common examples include where you need to sell their home to pay for the cost of their care.

Our Court of Protection solicitors can help with one-off applications, including emergency applications where you need to act urgently. We can ensure you follow the correct process and provide all of the required information, so you have the best chance of success.

Becoming a Court of Protection deputy

There is a strict process you must follow to become a deputy. You will need to complete all of the steps promptly and accurately to ensure your application goes ahead smoothly with no delays. The role is a serious responsibility, so it is also important to be absolutely clear about your obligations and the limits on the actions you will be able to take.

Our experts can support you through the whole process of applying to become a Court of Protection deputy. We will make sure you fully understand what is involved in taking on the role and that your application goes ahead as smoothly as possible.

Acting as a Court of Protection deputy

Deputies have a legal responsibility to act in the best interests of the vulnerable person they are supporting. They must complete an annual report to the Office of the Public Guardian (OPG) detailing the decisions they have made. It may also be necessary to provide further information if requested, so it is essential to keep good records.

Our Court of Protection solicitors can advise on any decisions you need to make, as well as assist with record keeping and completing the annual report. This can remove any anxiety over whether you are acting correctly and avoid issues with the OPG.

Professional Court of Protection deputyship

If there is no suitable person to act as a deputy or there has been a dispute over the conduct of an existing deputy, a member of our team may be able to act as a professional Court of Protection deputy.

Statutory Wills

Where someone does not have the capacity to make a Will, it may be possible to apply to the Court of Protection to make a Will for them. This is known as a Statutory Will. The Court will attempt to ascertain what the vulnerable person would have wished for their estate when making a Statutory Will, so it is important to have as much evidence as possible to support this.

Our team can assist with applications for Statutory Wills, including gathering the necessary evidence to demonstrate what the vulnerable person’s wishes would have been.

Court of Protection disputes

Sadly, it is not uncommon for disputes to arise over a Court of Protection application or the conduct of a deputy. These are often highly fraught situations, which can be very challenging both legally and emotionally.

With exceptional dispute resolution skills, our team can give you the best chance of resolving such disputes quickly and amicably while keeping the costs involved to a minimum. In most cases, it is possible to find a positive way forward without the need for court proceedings.

Court of Protection FAQs

The Court of Protection exists to make decisions or empower others to make decisions on behalf of people who do not have the mental capacity to make those decisions themselves. This includes situations such as where a person is suffering from dementia or a brain injury.

The Court is also responsible for making decisions about when someone can be deprived of their liberty under the terms of the Mental Capacity Act.

Exactly what the Court can empower you to do will depend on the type of application you make.

If you make a one-off application, then this will normally allow you to take a single action, such as selling a vulnerable person’s home to cover their care fees. If you apply to become their deputy, then the actions you can take will depend on the type of deputyship (see below) and the specific terms included in the deputyship order.

There are two types of Court of Protection deputyship that you can apply for. You can apply for one or both. These are:

Property and financial affairs deputyship – To assist with decisions about a person’s finances, such as managing their money and paying their bills.

Personal welfare deputyship – To assist with decisions about a person’s medical and personal care.

There is no set time frame for a deputyship application to be completed, but in most straightforward cases, this can usually be resolved in a matter of months. Where there are more complex circumstances, such as a dispute over the application, then it may take longer.

While it is possible to deal with the Court of Protection yourself without the support of a solicitor, seeking expert guidance is recommended. These are complicated matters, often with very significant consequences for the vulnerable person in question, so it is important to get things right. This can put a lot of pressure on people making applications to the Court or acting as a deputy, so having expert guidance can take a lot of the strain off you.

Where required, a solicitor may be able to act as a professional Court of Protection deputy. Advantages of this include that they can be completely impartial about any decisions that must be made and can provide the benefit of their professional expertise, giving confidence that all matters will be handled promptly and correctly.

Speak to our Court of Protection solicitors

To discuss your requirements with our Court of Protection experts, please get in touch.

01992 300333                     Ask a question

Case Studies

  • Application for Deputy to be appointed for young adult We successfully applied for the parents of a young adult with learning difficulties to be appointed as deputies for not only property and financial affairs but also for health and welfare. This meant that they could continue to make decisions for their child even after their child was over 18, providing continuity of care and consistent decision making.
  • Statutory will application We acted in an application to change the will of someone who no longer had capacity to change their will. The executors appointed under the will were always in disagreement with each other, and it was clear that they would not be able to work together in the best interests of the estate. The court approved a new will which appointed different executors, thereby avoiding conflict after the person had died.
  • Application to make gifts We successfully obtained an order to allow the attorney to make gifts on behalf of their parent who did not have mental capacity to make gifts themselves. The gifts were designed to help reduce the inheritance tax that would be payable on their death, and provide an “early inheritance” to the intended beneficiaries who were her grandchildren. This way the donor was able to see and enjoy the grandchildren make the most of the money that was given to them.
  • Application to approve payments to the attorney An application was made to allow the attorneys to charge for rent, and care being provided to their parent who lived with the attorney. The application gave reassurance to the attorney that they were not acting in breach of their duties not to benefit from their position as attorney, and also ensured the payments were not to be treated as gifts. This way the attorney was able to help look after their parent, instead of their parent having to move into a care home.
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