Court of Protection
When someone close to you does not have the ability to manage their own affairs, making an application to the Court of Protection may be necessary. This can be a daunting process, but our expert Court of Protection solicitors can guide you at every stage.
Loss of mental capacity can come through illness or injury, and it can happen at any time in a person’s life. It can cause issues with managing someone’s finances and their home, as well as the ability to make essential decisions about their health, wellbeing and living arrangements.
We can advise on applying to the Court of Protection to become someone’s deputy, empowering you to assist them with making important decisions and with the day-to-day management of their affairs. Our team can also assist with one-off applications, for example, to sell a property.
If a swift decision is needed, it may be possible to apply for an emergency order under certain circumstances.
Where you need advice on acting as a deputy, we will be happy to guide you. Should there be a need for a professional to act as a person’s Court of Protection deputy, we can carry out this role.
If you are concerned about a possible future loss of capacity, we can advise on making a Lasting Power of Attorney so you can nominate a trusted person to manage your affairs for you if the need ever arises.
Our Court of Protection lawyers act for clients across the country and internationally from our offices in London, Cambridge, Reading or Southampton. We can offer a convenient, high-quality service in person, over the phone, via email and through video conferencing, fitting around your schedule and commitments.
To discuss how our Court of Protection solicitors can help you, please get in touch.
Our clients
Our clients come from all sections of society – we are happy to help anyone who needs assistance with Court of Protection matters. We have particular expertise in advising clients with high value assets, including providing ongoing assistance with asset management for deputies and acting as professional deputies.
Our Court of Protection solicitors can assist with:
- Applying to become a Court of Protection deputy;
- Advice for deputies on their duties and decision-making;
- Court of Protection applications to deal with specific matters or disputes;
- Applications to sell a vulnerable person’s home;
- Statutory wills;
- Applications to protect vulnerable people from financial abuseActing as independent, professional deputies.
Why choose BDB Pitmans for Court of Protection advice and representation?
-
1 Highly experienced in straightforward and complex Court of Protection matters
We have real breadth and depth of experience supporting vulnerable people and deputies with the full range of Court of Protection matters, including those involving high value assets and the most challenging circumstances. Our team are genuine experts in mental capacity matters whose advice you can rely on.
-
2 Independently recognised expertise
Our team includes members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly (SfE).
-
3 Genuine commitment to protecting clients’ health, wellbeing, financial security and dignity
A loss of capacity should never mean that a person suffers emotional or financial harm . Our solicitors are experienced in advising as to how the necessary safeguards can be put in place, using court remedies where appropriate. Our Court of Protection services
-
4 Applying to become a Court of Protection deputy
Applying to become a Court of Protection deputy can be a complicated process, so it is important to make sure you complete all of the stages promptly and accurately. You also need to be fully aware of exactly what the role entails before taking it on.
Our team can advise you on the role and its responsibilities, then help you navigate the application process, keeping things as smooth and stress-free as possible. We can also advise on what to do if you are notified of a Court of Protection application by another party that you have concerns about.
-
5 Advice for deputies
Acting as a Court of Protection deputy is a serious responsibility. It is important to make sure all decisions are made in the best interests of the person being supported and you will need to be able to account for the decisions you have made to the Court.
Our Court of Protection solicitors can provide ongoing support and advice on one-off matters to deputies, including around your annual reporting requirements. We can give advice on court requirements and connect deputies with other professionals, such as financial advisors, investment managers and accountants.
If you are struggling to fulfil the role of a deputy, we can also advise on whether it may be better to seek the appointment of a professional deputy instead.
-
6 Court of Protection applications to deal with specific matters
The types of decisions a Court of Protection deputy can make about a vulnerable person’s affairs will be strictly limited. For this reason, even when there is a deputyship in place, it will still sometimes be necessary to apply to the Court for authorisation to carry about specific actions, such as selling a vulnerable person’s home.
Our team can advise on whether a specific application to the Court needs to be made and then support you through the whole process of making an application, including providing representation for any hearings that are required.
-
7 Statutory wills
Someone without mental capacity will be unable to make a will, which can cause uncertainty over the future of their estate and make the estate administration process more complicated when the time comes. The Court of Protection can authorise a ‘statutory will’, which is a will designed to set out what it can be reasonably assumed the vulnerable person would have intended for their estate if they still had capacity.
Our Court of Protection solicitors can assist with drafting proposed statutory wills and applying to the Court of Protection to have them approved. If you are an attorney for a person who has lost capacity or a family member and your application for a statutory will is being contested we can assist.
-
8 Professional Court of Protection deputyship
Where there is nobody able to act as deputy or there have been concerns about the ability of an existing deputy or attorney to meet a vulnerable person’s needs, we can act as professional Court of Protection deputies.
Using our extensive experience and comprehensive legal expertise, we can ensure a vulnerable person’s affairs are managed effectively and that their best interests are protected at all times.
Our Court of Protection fees
We are able to provide assistance with Court of Protection matters on a fixed cost or assessed costs basis as appropriate. We will be happy to discuss this with you during your initial consultation with our team and can provide a clear estimate of costs at the outset. It is often the case that costs are recoverable from the vulnerable person’s resources where the steps being taken are in their best interests.
Insights from our Court of Protection solicitors
Speak to our Court of Protection solicitors about how we can help you
To discuss how our Court of Protection solicitors can help you, please get in touch.
