Court of Protection and Deputyships
Court of Protection and Deputyship Solicitors
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Rose & Rose
Court of Protection and Deputyship Solicitors
The process of applying to the Court of Protection can be complex, so seeking the support of a solicitor is essential to ensure that you and your loved ones are protected.
What is the Court of Protection?
The Court of Protection assists people who do not have the mental capacity to make decisions about their affairs. These decisions can relate to the following:
- Health and welfare
- Finances and property
Your solicitor will support you in various transactions relating to the Court of Protection, the Mental Capacity Act and Deputyship matters. These matters include:
- Support throughout the Mental Capacity assessment process.
- Court of Protection applications.
- Acting as professional deputies where necessary.
- Supporting lay people in becoming a deputy.
- Supporting deputies with their responsibilities.
- Providing advice relating to disputes regarding decisions for a person who lacks mental capacity.
Deputyship Application
In the best-case scenario, a person will have organised a Lasting Power of Attorney before they lose mental capacity. However, this is not always the circumstance.
If your loved one has not appointed a Lasting Power of Attorney and you wish to become a deputy, you should make a Court of Protection application. As a deputy, you will have the legal authority to make decisions relating to health and welfare or finances and property on the person’s behalf.
Becoming a Court of Protection deputy is a complex process and one that requires the support of an experienced legal professional.
Court of Protection Solicitor
If you intend to apply for deputyship or require legal advice with another aspect of the Court of Protection, speak to the experienced solicitors at Rose & Rose today.
Frequently Asked Questions
The Court of Protection is a court established under the Mental Capacity Act 2005 which has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.
Whilst you don’t need a Solicitor to apply to the Court of Protection, as the process can be complicated and prolonged it is best to have legal advice and guidance.
This very much depends on the type of order being applied for, whether permission is required and if anyone opposes the application. An application to become a deputy may take up to a year, however the court will consider interim applications required to help the person who lacks capacity fairly quickly.
Mental capacity is decision specific, someone in a coma will clearly lack all capacity where as someone with dementia may have capacity to make some decisions but not others. All reasonable steps must be taken to assist a person in making the decision. If there is any doubt then a professional such as a GP or Independent Mental Capacity Assessor should be instructed to carry out an assessment.
You may be able to challenge a decision from the Court of Protection by applying to the Court of Appeal, but you may need permission. If you want to challenge a decision, you should get legal advice from a solicitor to help you work out whether you are likely to get legal aid for your challenge and how likely you are to win your case as it can be very expensive and stressful.
Meet the team
Meet the team working for you. Click the photo to view that team members profile or use the button to send them an email.
Sally-Ann Joseph
Fionn Tuapola
Zineb Akhtar
Olivia Minza-Clark
Gowsigan Gnanakumaran
Maisa Riazi
Samet Eryurur
Michael Hodge
Court of Protection & Deputyship Solicitors in Kingston
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