Court Of Protection Solicitors

The Court of Protection has responsibility for protecting vulnerable people if other arrangements have not been put in place.

If a person loses mental capacity a friend or relative can apply to look after their money. That person will be appointed their Deputy and the Court of Protection will monitor the arrangement.

If there is no suitable person to be a Deputy, there is a panel of pre-approved solicitors who are qualified to act as deputies. We have extensive experience in dealing with such cases and the Court of Protection.

The Court of Protection also has the authority to decide disputes surrounding Lasting and Enduring Powers of Attorney, and can also approve a Statutory Will for a vulnerable person.

What is the Court of Protection?

The Court of Protection is a division of the Civil Court of England and Wales. The Mental Capacity Act gives the Court of Protection jurisdiction to make orders about personal welfare, as well as property and finances for those who lack mental capacity to make decisions for themselves.

The role of the Court of Protection is to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. These decisions may relate to the person’s finances or their health and welfare.

When would I make an application under the Court of Protection?

There are multiple reasons why you may require your case to be heard by the Court of Protection. The following are examples:

  • If you have become responsible for managing someone else’s affairs, you should consider making an application in order to best manage those responsibilities. This could be in respect of any aspect of their life including for arrangements for where the vulnerable person will live.
  • If you are concerned about someone else’s ability to manage their own affairs, the Court could make an application in respect of health, welfare and or financial protection.
  • If you are worried about your own ability to manage your affairs, or your decreasing ability to do so you could make an application for someone else to manage your affairs.
  • If you are concerned that someone else’s affairs are being mismanaged, or you lack confidence in someone else’s ability to manage your affairs, the Court can re-define the protection provided to you.
  • If there is a dispute or lack of clarity over the management of your own or someone else’s affairs, the Court can have specialist solicitors assess the position.

Get in touch

With offices in Leeds, Sheffield and York, our specialist solicitors can offer our Court of Protection services either on a face-to-face basis, by post or email.

For further information, or for a free, no obligation consultation, please call our sympathetic and knowledgeable solicitors today by calling us on 0333 323 5292 or by sending us an email. You can also fill out the online form and we will get back to you as soon as possible.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

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Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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