The court of protection exists to look after the best interests of those who lack the mental capacity to make certain decisions for themselves. The court has the power to determine if a person lacks capacity and decide what actions to take including the appointment of lay and professional deputies to act on the individual’s behalf.
The Court of Protection is a specialised court that 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.
Protecting the most vulnerable in society is important, and the Court of Protection Team are there to handle matters of welfare and finances for those who cannot do so themselves. For expert support and advice, speak to our Court of Protection solicitors today.
What does a Court of Protection do?
The Court of Protection was established to protect individuals who lack the mental capacity to do so themselves and seeks to ensure any and all decisions made on their behalf are done so with their best interests in mind.
Under the Mental Health Capacity Act (2005), the Court of Protection has jurisdiction to make and approve decisions relating to the finances, property and welfare of an individual who lacks capacity. This includes any decisions made before the Court became involved; for instance, determining whether a previously arranged Lasting Power of Attorney (LPA) remains in the individual’s best interests.
The first thing a Court of Protection will do is determine whether an individual has the capacity to manage their finances, property, or welfare for themselves. If this is not the case, the Court will then have the power to make decisions on behalf of the individual, including:
Appointing a deputy: when a Lasting Power of Attorney is not already in place, the Court of Protection will appoint someone to manage the finances, property, and welfare an individual lacking mental capacity. This could be a Professional Deputy, often a lawyer, where specialist expertise may be necessary, or a Lay Deputy which is often a family member or trusted friend.
Determining whether an advance decision (a statement of instructions about the medical treatment an individual wishes to refuse in the event they lose mental capacity) or an LPA is valid
Making urgent healthcare or personal care decisions where no deputy or attorney has been appointed (or a previously appointed attorney is no longer suitable).
Approving a Statutory Will and gifts: having the required mental capacity to make significant decisions is essential to make a will, which is why the Mental Capacity Act allows an application for a statutory will to be made on behalf of an individual who lacks capacity.
Settling disputes over care or financial decisions made by attorneys or deputies: on rare occasions, disputes about decisions taken on behalf of someone who lacks capacity can arise, such as challenges to a statutory will, or decisions to cancel a power of attorney or deputyship. These disputes must be resolved in front of the Court of Protection.
Contact our Court of Protection solicitors
Please contact one of our Court of Protection solicitors via our online form or you can call us on 0330 107 5004 and a member of the team will be happy to help.
Handling cases in a Court of Protection can be complex, and it’s important to ensure that best interests decisions are made. At Slater and Gordon, our specialist team of Court of Protection lawyers has many years’ experience in Court of Protection law and are committed to safeguarding the welfare and financial affairs of the most vulnerable people ensuring their best interests remain at the heart of everything we do.
We pride ourselves on being more than lawyers, fostering long-term relationships with families, case managers, carers, and other stakeholders with the aim to guarantee the best possible outcome each and every time. We avoid legal jargon, explaining all matters thoroughly so you can rest easy knowing no stone has been left unturned.
We also provide a full spectrum of legal services to support you and your loved ones throughout their lives, including expertise on personal and serious injuries, employment, family law matters, wills, tax, trusts and probate, meaning we can be there for you at every stage provide support when you need it most.
The extra mile
Our Court of Protection solicitors are highly skilled and accomplished and have many years’ of experience in handling complex cases. Principal Lawyer Angela Nunn has been recognised in Legal 500, citing her empathetic approach and deep understanding of her client's circumstances and complex needs. Entries applaud her for her high level of integrity and knowledge of Court of Protection matters, stating, "Angela Nunn's knowledge and experience mixed with her sheer determination means that she will not be swayed by current fads or trends, but remains focussed on the client to achieve the best solution."
Head of practice, Michael Knott, is taking part in the Adaptive Grandslam’s charity expedition to Denali, raising money and awareness for the hard work the charity does for those with disabilities.
Our team members are visible and actively work with charities and support organisations to help make a difference in the community. Charities we work closely with include, Spinal Injury Association and Child Brain Injury Trust, and we ensure our clients receive support from those who can empathise and understand their situation.
If your reason for consulting the Court of Protection Team is to appoint a Deputy, is through no fault of your own and forms part of an existing Personal Injury claim then we will work with your PI lawyers to ensure provision for COP costs for life are valued, evidenced and claimed.
For private paying clients our range of costs are published on our website and available here.
How long does it take to obtain an order from the Court of Protection?
How long the process takes will depend upon the circumstances and decisions the Court is being asked to make. Where decisions need to be made urgently, the Court and your legal representatives will do everything they can to reach that decision quickly.
Where applications are routine, you are advised to plan well ahead as the Court will often take several months to process them.
For more advice and guidance on your personal circumstances, please contact one of our Court of Protection solicitors via our online form or you can call us on 0330 041 5869 and a member of the team will be happy to help.
Do I need a solicitor for Court of Protection?
The Court of Protection is a highly specialised area in law, and the decisions that are made can and will have a profound impact upon an individual. We strongly recommend seeking specialist legal advice; our expert team of Court of Protection solicitors have a wealth of experience in handling these cases and can answer any questions you may have. Contact the team online or call us on 0330 041 5869.
Who can apply to the Court of Protection?
In normal circumstances applications are made by us on behalf of a family member. The Court lists those who can make an application; the general rule being that they must have the best interests of the applicant in mind.
Certain family members, healthcare organisations and local authorities may apply to the Court on an individual’s behalf, but they would need permission from the Court to submit the application beforehand.
What are Court of Protection fees?
Fees are payable to the Court for the application and on issue of an order; they vary depending on the nature of the application and are refreshed from time to time. We will advise you on the appropriate fee payable and when it becomes due. For a complete summary follow this link.
“Thank you very much for your services provided and for making this process as simple and easy as possible!” Mrs H, London
“Really helpful and always on the other side of the phone if needed.” Ashley
"Brilliant from start to finish, they kept me updated and explained exactly what I had to do. 10/10!” Damien Baker-Davis