Court of Protection

When caring for family members and loved ones, it’s essential their best interests are put first. In certain circumstances, loved ones may no longer have the mental capacity required to make important decisions regarding their finances.

Protecting your loved ones best interests

The Court of Protection is a court specifically responsible for making decisions on behalf of individuals who lack the mental capacity to do this themselves. The Court will decide, based on the application, who is the best person to be appointed as deputy and what level of supervision they need.

How we can help:

  • The application process for appointing a deputy
  • Acting as a professional deputy
  • Troubleshooting any problems and issues that arise for deputies whilst carrying out their duties
  • Statutory wills

Supporting you with compassion and understanding

Our team can offer advice to vulnerable and older people and their support system to ensure the right steps are being taken.

Frequently Asked Questions

  • Why would someone need to apply to the Court of Protection?

If you no longer have the capacity to make decisions for yourself and do not have any formal document in place naming someone to make those decisions on your behalf, then someone (the applicant) will have to apply to the Court of Protection to become your deputy.

  • Who can become a Court of Protection Deputy?

A deputy is a person appointed by the Court of Protection to make decisions for someone who lacks mental capacity about their finances, property and health or wellbeing.

A deputy must be over the age of 18 and is often someone with a connection to the person who has lost capacity such as a family member or close friend, or a professional such as a solicitor or accountant. They should have sufficient skills to take on the role. The court will require the applicant to complete a deputy declaration to ensure they accept and understand their responsibilities.