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Court of Protection & deputyships
Our Court of Protection specialists are here to help you when a family member is unable, or finds it difficult, to manage their own affairs whether due to old age, infirmity or disability. In this situation, it may be advisable to make an application to the Court of Protection to protect their interests.
As recognised Court of Protection specialists we are able to advise people across the UK. Our central location means we are very accessible from London, Birmingham, Solihull, Coventry, Leamington Spa and Warwick.
Ideally, we encourage people to get their affairs in order before they become incapacitated but, where this has not been possible, we can resolve the issues that people face once they are unable to manage on their own.
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What is the Court of Protection?
The Court of Protection plays a vital role in safeguarding the interests and welfare of individuals who lack the capacity to make important decisions for themselves. By providing a legal framework for decision-making, the Court ensures that all actions taken on behalf of those individuals are lawful, transparent, and guided by their best interests. Engaging with the Court offers reassurance that sensitive matters, ranging from financial management to personal welfare, are handled with professional oversight and adherence to strict legal standards.
The Court of Protection makes decisions on welfare or financial issues for people who are unable to make the decisions at the time they have to be made because they lack mental capacity.
The Court of Protection’s responsibilities include:
- Ascertaining capacity: Determining whether a person has the mental capacity to make a decision for themselves.
- Appointment of Deputies: Appointing individuals as deputies to make ongoing decisions on behalf of a person who lacks capacity.
- One-Off authorisations: Giving permission for people to make one-off decisions (such as medical treatment or property sales) on behalf of a person who lacks capacity.
- Power of Attorney oversight: Making decisions on the registration and validity of Lasting Powers of Attorney and Enduring Powers of Attorney, including resolving any objections.
Our dedicated Court of Protection team provides tailored legal guidance and practical support across a wide range of deputyship and capacity-related matters. Whether you need to apply for deputyship, resolve health and welfare disputes, or establish trusts, our specialists are here to ensure the best possible outcomes.
Court of Protection Disputes
Whether it’s challenging or defending decisions made by deputies, attorneys, or the Official Solicitor, our team has extensive experience in resolving disputes through negotiation or Court proceedings.
Our team
Established since 1846 we are well placed to protect vulnerable members of society, giving you peace of mind that your family member's financial and legal affairs will be protected.
We understand this can be a sensitive and sometimes stressful time for you so we treat the situation with sensitivity, meeting with you in the comfort of your own home, with relatives or a care facility. Our Court of Protection specialists are happy to liaise with your relatives, friends or healthcare professionals to make the process as easy as possible.
FAQs
- When is an application to the Court of Protection necessary?
- How long does a Court of Protection application take?
- What is the difference between the Court of Protection and a Lasting Power of Attorney?
- What is the difference between a lay Deputy and a professional Deputy?
- Who can act as a Deputy?
- What are the responsibilities of a Deputy?
- Can there be more than one Deputy?
- How much does it cost to apply to the Court of Protection?
Wright Hassall are knowledgeable, skilled and confident lawyers who are working incredibly hard for their clients.