Services
Court of Protection
The Court of Protection is responsible for making decisions on behalf of people who lack the mental capacity to make certain decisions for themselves. This may relate to their property and financial affairs, or to aspects of their health and welfare. These situations can be sensitive and often arise at a difficult time for families. Our team is here to guide you through the process with clarity and care.
If someone close to you is no longer able to manage their own affairs and does not have a valid Power of Attorney in place, an application to the Court of Protection may be required. We can help you understand what steps need to be taken and support you throughout the process.
Common issues we assist with include:
Deputyship applications - where a family member or trusted individual is appointed to make decisions on behalf of someone who lacks capacity.
Disputes about capacity - including concerns about whether someone is able to make a particular decision.
Applications for specific decisions - such as selling a property, managing investments, or dealing with complex financial matters.
Health and welfare matters - including decisions about care arrangements, residence, or medical treatment.
Concerns about an existing attorney or deputy - including issues of mismanagement or failure to act in the person’s best interests.
Complete all the necessary forms and arrange with your Attorney for signature by them.
In a typical case, we would expect the following steps to be taken:
We will meet with you to understand the situation and identify what type of application is required.
Medical evidence will usually be needed to confirm that the person lacks capacity to make the relevant decisions.
Once the application is issued, the Court will notify the relevant parties and may request further information.
The Court will then consider the application and, where appropriate, appoint a deputy or make the necessary decision.
In some cases, a hearing may be required, particularly where there is disagreement between family members or professionals
Many applications are dealt with on paper or between lawyer and the courts without the need for a hearing, and we will always aim to progress matters as smoothly and efficiently as possible.
Email or call 01326 574 988 to arrange an appointment.
