Court of Protection
Court of Protection Solicitors
Every day, families find themselves needing to make important decisions for a loved one due to age, illness, accident, or loss of capacity. Issues like care home funding, challenging care decisions, or managing someone’s financial affairs can be complex, which is why expert guidance matters.
Expert Court of Protection Advice for You and Your Family
When a loved one loses the ability to make decisions for themselves, navigating the legal and practical challenges can be overwhelming. Our experienced Court of Protection solicitors provide clear, compassionate and practical advice to help families, carers, deputies and attorneys make informed decisions and protect the interests of vulnerable individuals.
At Wilson Browne Solicitors, we understand that every situation is unique. Whether you’re concerned about a family member’s mental capacity, need assistance applying for deputyship, or require advice on managing someone’s finances and welfare, our specialist team is here to guide you through the process.
What Is the 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 themselves. The Court’s primary objective is to ensure that decisions are made in an individual’s best interests while safeguarding their rights and wellbeing. This may include decisions relating to:
- Property and financial affairs
- Health and welfare matters
- Care arrangements
- Medical treatment
- Managing assets and investments
- Gifts and estate planning
- Deputyship appointments
How We Can Help
Our Court of Protection solicitors can assist with Deputyship Applications, and Property & Financial Affairs. We regularly advise deputies, attorneys and family members on issues such as managing bank accounts and investments; selling or purchasing property; paying care fees; managing income and benefits; financial reporting obligations; statutory wills and gifting applications.
- Health and Welfare Matters: Where decisions relating to care, treatment or living arrangements cannot be agreed, we can provide guidance on applications to the Court and help ensure that the individual’s best interests remain at the centre of any decisions made.
- Deputy Support and Advice: Acting as a Deputy can be complex and time-consuming. We provide ongoing support to professional and lay deputies, helping them understand and fulfil their legal duties.
- Court Applications and Disputes: We can represent family members, attorneys, deputies and other interested parties in contested Court of Protection matters, including disputes regarding capacity, care arrangements and financial management.
- Mental Capacity and Decision-Making: Mental capacity is decision-specific and can change over time. A person may have the capacity to make some decisions but not others.
Our solicitors can advise on:
- Capacity assessments
- The Mental Capacity Act 2005
- Best interests decision-making
- Lasting Powers of Attorney
- Deputyship requirements
- Safeguarding vulnerable individuals
We work closely with families and professionals to ensure the correct legal framework is followed and that the individual’s wishes, feelings and rights are fully considered.
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Peace of Mind Legal Consultation – Fixed Fee Meetings
Ask the Experts: Fixed Fee Legal Advice. Get specialist advice on Court of Protection, Powers of Attorney, care funding and mental capacity matters, with a fixed fee agreed in advance and no unexpected costs. -
Court Of Protection – Deputyship and Attorneys
Care Home Fees, Deputyship and Court Of Protection. There are lots of reasons why you may be caring for someone – old age, illness, accident and other reasons. Our experts can guide and reassure you. -
Services We Offer To A Deputy
When someone lacks capacity and can no longer make decisions for themselves, the Court of Protection can appoint a deputy. -
Services We Offer To Attorneys
If you have been appointed as an Attorney for either property and financial affairs or health and welfare, there are specific duties you must comply with. -
Court of Protection v Power of Attorney: What’s the difference?
A Power of Attorney is made by a person when they have mental capacity. In contrast, a Court of Protection Order gives power to a person (a Deputy) to make decisions, relating to finances or care and treatment. -
Making A Will When Someone Has Lost Capacity
If a loved one lacks the capacity to manage their finances and affairs, then they may also lack the capacity to make a Will. To make a Will an individual must have testamentary capacity - how do you do that if they lack 'capacity'? -
How The Court Of Protection Appoints Deputies
Where an individual has not made an Enduring or Lasting Power of Attorney in the past, and has lost the capacity to manage their affairs, the Court of Protection are here to assist. -
Court of Protection Trustee Applications for Jointly Owned Property
Where an individual lacks the capacity to manage their own affairs, they may also lack the capacity to manage or sell their property, or act in their capacity as trustee. -
Guardianship Applications For Missing Persons
When someone goes missing, important financial and property matters may still need attention. Without legal authority to act, families can struggle to manage their loved one's affairs. -
Court Of Protection: Useful Guides
If you are searching for reliable guidance on Court of Protection matters in the UK, our online resources are a great place to start. -
Court of Protection – Frequently Asked Questions (FAQs)
Wikipedia describes the Court of Protection as having "jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves". What are the important things people should know?