Court of Protection Solicitors

Court of Protection Solicitors London

Our Court of Protection lawyers are highly experienced in supporting vulnerable people and their loved ones sensitively and effectively.

Contact us

Contact

  • “The ‘approachable, friendly and motivated’  team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues.”

  • “Jan is excellent with clients. She approaches complex cases with confidence and skill”

Table of Contents

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales tasked with making decisions in the best interests of those who lack the mental capacity to make those decisions for themselves.

The decisions we’re talking about are those relating to the person’s health, welfare or financial matters – or a combination of them, depending on their individual needs. For example, the Court can make a decision as to whether an individual should have medical treatment, or permitting a cash sum to be spent for a specific purpose or whether a statutory will should be made.

The Court of Protection also has a vital judicial role, in deciding disputes that have arisen relating to an individual who lacks mental capacity.

The Court also appoints deputies to manage someone’s affairs. Deputies are trusted individuals who are given legal authority to make important healthcare or financial decisions for the individual on an ongoing basis.

The Court of Protection’s responsibilities also includes making decisions on:

  • Lasting Powers of Attorney and considering objections to the registration of them
  • Depriving someone of their liberty under the Mental Capacity Act 2005

Recent changes to improve Court of Protection Applications

  • Amendments to  existing Practice Directions came into ef from 1 January 2023. This means that applicants must now notify three people who know the person affected by the application, such as relatives, social workers, or doctors, before proceeding. This change aims to make the process more transparent and inclusive by ensuring that those who are closely connected to the person in question are informed and can raise concerns if necessary.
  • Alongside the new Practice Direction, new forms for Court of Protection applications have been introduced. These forms are designed to streamline the application process and make it more user-friendly.

How Osbornes Law can help

If you’re concerned about a loved one who you believe is unable to make a decision for themselves, get in touch with us for immediate support. Our skilled Court of Protection lawyers understand that your situation may be difficult and distressing. We approach each individual case with empathy and compassion.

In most cases, we will have a detailed discussion with you before advising whether a court application is required to protect your loved one’s interests. This may necessitate an urgent court application where an emergency decision needs to be made. We’re not afraid to act robustly if your loved one’s best interests require it.

We are also experienced in guiding deputies and attorneys as to how they can effectively exercise their decision-making powers on behalf of an individual.

Our skilled team of Court of Protection solicitors will guide you through the issues you’re facing and sensitively advise you on what your best next steps might look like.

Who our Court of Protection Solicitors can help

Our Court of Protection lawyers are experienced in helping anyone with the responsibility of managing and looking after someone’s affairs. We advise and support:

  • Concerned relatives worried about a loved one’s ability to make their own decisions and choices. You may feel uneasy because they are making decisions that are not safe or financially wise.
  • Relatives whose loved one has been diagnosed with dementia or Alzheimer’s or has suffered serious injury and cannot make decisions for themselves.
  • Deputies and those with authority under a Lasting Power of Attorney to make decisions on behalf of a loved one. You may, for example, be concerned about what decisions to take and how to implement them.
  • Deputies and attorneys who feel unable to continue managing a person’s affairs. There are times when having such a responsibility for someone’s welfare becomes too burdensome, whether because of a change in circumstances or because a dispute has arisen.
  • Deputies, attorneys and family members involved in disputes concerning a loved one who lacks the capacity to make their own decisions. No one wants to be involved in disputes involving a vulnerable relative who needs family support more than anything. We understand this. Our specialist court of protection lawyers are experienced in advising how best to approach disputes to enable a swift but calm resolution.

Court of Protection Deputy Applications

The Court can appoint someone as a deputy for an individual who lacks the capacity to make decisions for themselves. We will discuss the background and your loved one’s situation and needs before advising what should happen. It’s wise to talk to the individual about your concerns and your desire to help them in this way.

There are two types of deputy (your loved one may need a deputy for both):

  • Personal welfare – The deputy has the authority to make decisions about the individual’s medical treatment and healthcare and how they are looked after.
  • Property and financial affairs – The deputy has the authority to pay bills and deal with other financial matters, such as pensions and benefits.

Assuming you satisfy the legal requirements, we can make an application on your behalf to the Court of Protection. Once we submit the application(s), there is a two-week period for others to object to your appointment. That could, for instance, be a family member or even the individual themselves. If an objection is lodged, a hearing may be necessary.

If no objection is raised, the Court will assess the application and inform us of the next steps which will involve your loved one being personally notified and a deputy bond being put in place.

Assuming the application is approved, you will formally be appointed as deputy and you will then be required to take further administrative steps. We will discuss these steps with you, along with what your role as a deputy means in practice.

Please note that deputyship orders for personal welfare matters are more difficult to obtain and it may be that a specific issue order is more appropriate to resolve the issue at hand.

Acting as a Professional Deputy

A sensible option preferred by many families is appointing a professional deputy. A professional deputy is typically a specialist solicitor experienced in Court of Protection work, who is appointed to manage the property and financial affairs of someone who lacks the mental capacity to make their own decisions.

Professional deputies are best placed to manage the affairs of someone in more complex situations and ease the burden on their family and/or close friends. Our specialist team includes experienced professional deputies and attorneys helping many vulnerable clients who need a trusted decision-maker.

It’s less common for a solicitor to be appointed as a personal welfare deputy as this is usually the natural remit of close family.

Support for Deputies or Attorneys

Acting as a deputy or attorney can be an overwhelming responsibility at times, however much you care for the individual, which is partly why professional deputies are so well-placed. For individual deputies, there is help and support available.

Deputies are required to take certain specific steps such as notifying the banks/building societies, pension providers, DWP, HMRC, care home, local authorities etc. The deputy may also want to open a separate bank account to deal with the financial matters of their loved one rather than using that person’s own bank account going forward.

Thankfully, a raft of information is available, including a code of practice that accompanies the Mental Capacity Act 2005. Our specialist team are also on hand to guide and support you.

Making a Statutory Will

Individuals who are unable to make certain decisions for themselves, may well not have the capacity to make a will. In this situation, the Court of Protection can make a ‘statutory will’ (or change their existing will).

Statutory wills are a protective measure to ensure the estate passes on death to those the individual would have chosen had they been able to make their own will. A statutory will has the same effect as if the individual made it themselves in the traditional way.

We can ask the Court to make a statutory will if you are a deputy or attorney. However, it’s important to understand that the Court will only make one if it is in the individual’s best interests. As we would be expected to present the proposed will to the Court, we will need full details of your loved one’s financial and family situation so that we can determine who they would want to inherit in the event of their death.

If the Court approves the proposed will, you will be able to sign it on your loved one’s behalf. It will then be legally binding. It is also a requirement that they will be returned to the Court for sealing.

Recent changes to improve Court of Protection Applications

  • Amendments to  existing Practice Directions came into effect from 1 January 2023. This means that applicants must now notify three people who know the person affected by the application, such as relatives, social workers, or doctors, before proceeding. This change aims to make the process more transparent and inclusive by ensuring that those who are closely connected to the person in question are informed and can raise concerns if necessary.
  • Alongside the new Practice Direction, new forms for Court of Protection applications have been introduced. These forms are designed to streamline the application process and make it more user-friendly.

Court of Protection Solicitors Near Me

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    Court of Protection FAQs

    How do I apply to the Court of Protection for a deputyship order?

    An application for a deputyship order involves a court fee of £365 per application. If both types of deputyship are required, the fee could be £730 but financial help may be available. If no one objects within two weeks, the Court will then consider your application.

    What is the difference between a Lasting Power of Attorney and a deputyship order from the Court of Protection?

    A Lasting Power of Attorney is where an individual with mental capacity grants authority to an attorney(s) to manage their affairs after they become mentally incapacitated. The power can also be used before the individual loses their mental capacity. A deputyship order is granted by the Court after the individual becomes unable to make their own decisions.

    How long does it take to get a deputyship order from the Court of Protection?

    Assuming no one objects to an application for deputyship, it can take around 5-8 months for it to be approved, or longer if more information is needed. We will assist where urgent action is required in the meantime.

    • A private client team offering a range of services to assist with private client matters including trust and probate services. A friendly approach with a keen eye for detail.

      Legal 500 2024

    • I have been a client of this firm for a number of years and been impressed by particular individuals, the care and thoughtfulness with which they have worked.

      Legal 500 2024

    • An efficient firm which provides an excellent service at highly competitive charging rates.

      Legal 500 2024

    • The team receives a steady flow of instructions from high-net-worth individuals and families on an array of tax planning, wealth preservation, estate and succession planning issues

      Legal 500 2024

    • I think this firm has excellent strength and depth in this area, for both contentious and non-contentious work, and they can hold their own against any other firm.

      Legal 500 2024

    • I have found them to be incredibly knowledgeable and pragmatic in settling claims for their clients.

      Legal 500 2024

    • The contested estates team is strong with talented young solicitors doing good quality work

      Legal 500 2024

    • The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.

      Legal 500 2024

    • Osbornes has a ‘strong private client department’ and ‘the firm seems to be going from strength to strength’.

      Legal 500 2024

    • Katie is a very capable solicitor who can be relied on to do a great job in all kinds of disputes in this area.

      Chambers HNW 2023

    • Katie has a wealth of knowledge of her subject area and brings a robust but pragmatic approach to the resolution of private client disputes.

      Chambers HNW 2023

    • Jan Atkinson is very experienced, professional but also very easy to work with.

      Chambers HNW 2023

    • Jan is excellent with clients. She approaches complex cases with confidence and skill.

      Chambers HNW 2023

    • The team is very caring, experienced and detailed and was clear about the  next steps and offered very helpful advice and suggestions

      Legal 500

    Wills and Probate News and InsightsVIEW ALL

    1. english countryside
      25.4.2024

      A Guide to Will Trusts

      What is a trust in a will ? Setting up a trust in your will can protect assets for your loved...

      Read more
    2. 25.4.2024

      A Guide to Asset Protection Trusts

      One good reason to place your assets into a trust is to protect family wealth without fearing for its future....

      Read more
    3. osbornes hampstead office
      25.4.2024

      What is a Mirror Will?

      Mirror wills are mirror images of each other and practically the same in every way. They suit couples, married or...

      Read more
    4. english countryside
      23.4.2024

      A Guide to Life Interest Trusts

      In today’s complex families, protecting assets for your children while ensuring that a surviving spouse can still enjoy them...

      Read more
    5. desk with flowers
      23.4.2024

      What is a discretionary trust?

      With a discretionary trust, there is no automatic right for beneficiaries to receive funds from the trust. Instead, the trustees...

      Read more
    6. night sky
      22.4.2024

      5 Things You Should Never Put in a Will

      When it comes to writing a will, you want to make sure that your wishes are known and that the...

      Read more
    7. Forged will pic
      22.3.2024

      Forged Wills

      If the contents of a will comes as a surprise, then one of the things to consider is whether the...

      Read more
    8. 14.2.2024

      What is Proprietary Estoppel?

      What is Estoppel? In general terms, estoppels operate where one party has acted on the basis of a statement made...

      Read more
    9. 14.2.2024

      Duties of Trustees

      What is a trustee? When someone sets up a trust, they will appoint trustees to manage the trust and its...

      Read more
    10. Deed of variation to a will
      3.11.2023

      Deed of Variation: Making a Change to an...

      What is a deed of variation? A deed of variation is a legal document which can be used to alter...

      Read more
    11. Constructive Trusts
      31.10.2023

      Constructive Trusts

      Property rights are not always clear-cut. Sometimes, a person who does not legally own a property could be entitled to...

      Read more
    12. osbornes law writing pad
      17.9.2023

      What is a Codicil?

      What is a codicil to a will? Life has a habit of changing and your will may need to change...

      Read more
    13. man looking at a lake
      31.8.2023

      Can Someone With Dementia Make A Will or...

      It’s a sad reality in an ageing population that more people than ever suffer from dementia in the UK....

      Read more
    14. waiting
      31.8.2023

      Can a Lasting Power of Attorney Be Challenged?

      The number of people recognising the importance of making a Lasting Power of Attorney (LPA) has risen dramatically in recent...

      Read more
    15. 10 tips
      26.7.2023

      Wills Disputes: The Duty To Account Is Not...

      Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...

      Read more
    16. international map and money
      9.6.2023

      Will Dispute Case Law

      New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...

      Read more
    17. older couple
      9.6.2023

      Of Bad Character: Undue Influence Claim Succeeds

      Naidoo v Barton: undue influence and the risks of mutual wills Can someone’s bad character be used to prove...

      Read more
    18. lady holding a cup
      22.5.2023

      Case Law: Dementia-Induced Mild Cognitive Impairment

      Dementia is a harsh reality for increasing numbers of families. Sadly, it means the disputed wills solicitors at Osbornes Law...

      Read more
    19. eu flags
      26.4.2023

      German Court Rules on EU Succession Regulation

      Succession laws vary from country to country which historically made the administration of cross-border estates potentially complex. Since 17 August 2015, the...

      Read more
    20. couple holding hands
      16.3.2023

      Are trusts protected from divorce?

      Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets....

      Read more
    21. the moon
      1.3.2023

      How to prevent someone contesting a will

      It is fairly rare in my experience for a parent to write a child out of their will but that...

      Read more
    22. primrose hill london
      8.2.2023

      Gifting Property to Children

      Can I gift property to my children? Gifting a property to your adult children is a relatively complex transaction but...

      Read more
    23. house in regents park london
      15.11.2022

      Contentious Probate Case Studies

      Contentious probate involving business assets Our contentious probate solicitors act for the defendants to a claim issued to pronounce in...

      Read more
    24. last will and testament disputes
      27.10.2022

      Contesting A Will Case Studies

      Will dispute on grounds of lack of capacity Our contesting a will solicitors acted for the claimants, the adult daughters...

      Read more

    VIEW ALL