"You have done a brilliant job from start to finish and I really can't overstate what a positive difference your involvement has made to me."
A client’s relative
Court of Protection solicitors
Specialist Court of Protection solicitors
Our team of Court of Protection solicitors has an exceptional reputation for expert, efficient and sensitive support to families having to make important decisions for a vulnerable person through the Court of Protection. Read what our clients say about us.
We have teams based in Bristol, Cardiff, Manchester, Southampton, Taunton, London and Birmingham, ready to help you.
What is the Court of Protection?
The Court of Protection makes decisions for people who lack the mental capacity to manage their own affairs for any reason, such as an injury, dementia, a disability or learning difficulty. The decisions the Court of Protection can make include who should manage the person’s finances.
How our Court of Protection solicitors can help
Whether you have a disabled child or are caring for a vulnerable adult or elderly relative, our dedicated Court of Protection solicitors can help you make the right decisions to safeguard and protect their financial interests. We can support you with:
Applying to be a Court of Protection Deputy
A Court of Protection Deputy is authorised by the Court of Protection to manage a person’s affairs. The process of applying to be a Deputy can often be time consuming and confusing. We can support you through the application process or make the application on your behalf.
To become a Court of Protection Deputy there are a number of forms that you must complete and return to the Court. During the application process, there are several people that you must formally notify about your application process – including the person that you are applying to make decisions for and other interested parties, such as friends or relatives. If your application is successful, the Court will grant you a court order, which outlines your powers and responsibilities.
Acting as a Court of Protection professional Deputy
If there is no-one willing or able to act as the Deputy, we can act as a professional Deputy instead.
A professional Deputy is someone pre-approved by the Court to act on behalf of people that don’t have the mental capacity to make important decisions for themselves.
Anthony Fairweather and Anne Minihane senior partners at Clarke Willmott, are two of only 75 Court of Protection panel Deputies in the country. Both have a wealth of experience in Court of Protection matters both in the UK and internationally.
Our Court of Protection solicitors have established such an exceptional reputation that people often switch to Clarke Willmott having been disappointed by their original choice of Court of Protection Deputy.
Support for Deputies or Attorneys
Our Court of Protection team has specialist knowledge in all the areas Deputies or Attorneys often need support in. We can also provide support with:
- Administration – completing Court of Protection forms, tax returns or returns to the Office of the Public Guardian
- Advice on financial planning, investments and inheritance tax
- Managing disputes with families or carers about a vulnerable person’s finances, and best interests.
- Applying to the Court of Protection to make a Statutory Will
A Statutory Will is a will that is made and ratified by the Court of Protection on behalf of an individual who lacks capacity. Once made, a statutory Will is legally binding. Applications for Statutory Wills can be complex.
If the person for whom you’re acting for has no Will or an out-of-date Will, we can help you apply to the Court of Protection to make a Statutory Will.
Why clients choose our Court of Protection Solicitors
We are experts
We are a dedicated team of Court of Protection specialists. Our singular focus means we understand the issues inside out and can provide pragmatic and effective solutions.
Unlike many firms, we have extensive experience dealing with international Court of Protection matters where clients with foreign assets, may need assistance dealing with foreign legal or financial institutions. We can also help clients based outside of the UK, deal with UK financial or legal institutions.
We are responsive
We won’t leave you waiting for an answer. You will receive the support you need promptly, so decisions can be made quickly. Our aim is to respond to requests within 24 hours and we normally make payments on the same day.
We are supportive and inclusive
We take time to get to know you, so we understand how best to support you in the moment. We will involve you in decisions. And we won’t cut you out. We’ll encourage you to do what you can, and want, to do to help – whether that’s to save money or you just want to be more involved in the process.
Court of Protection costs – we are efficient and cost effective
Wherever possible, we look for ways to keep our Court of Protection costs down. For example:
- As many Court of Protection forms are repetitive, we use specialist software to make the data entry process more efficient.
- We always select the most appropriate team member for each task. Our very capable paralegals assist families with more straightforward tasks whilst our senior lawyers concentrate on more complex matters.
- The involvement of willing family members can also help keep costs down. If you want to be involved in the process, we are always happy to delegate appropriate tasks or responsibilities to you.
- Most of our work is done from our Bristol office and charged accordingly. So if you’re based London you’ll benefit from seeing us in person, without having to pay London rates.
But don’t just take our word for it, if you would like to speak to one of our clients to hear their experience directly, please contact Anthony Fairweather.
What our clients say about us
"You have no idea how refreshing it is for us to have this kind of competent and professional support."
A client’s relative
"Genuinely cares for its clients."
The Legal 500 2021
"It is always a pleasure to work with this firm."
The Legal 500 2021
"The lawyers are kind which is an important trait, especially when dealing with vulnerable people."
The Legal 500 2021
"Clarke Willmott LLP has a wealth of experience, its COP practice has Deputies and staff that are empathetic, client centred and dynamic to solve any of the clients’ issues."
The Legal 500 2022
"A small, passionate and friendly team with incredible experience. Always pragmatic and on top of its cases. Its clients are always well represented."
The Legal 500 2021
"A brilliant firm who genuine specialise in Court of Protection Work and is at the top of its game."
The Legal 500 2022
Contact a Court of Protection solicitor
We’re confident you’ll be impressed by the way we work – but to make sure we’re the right fit for you, we offer a free and confidential initial consultation.
We have specialist Court of Protection lawyers in London, Manchester, Bristol, Cardiff, Birmingham, Southampton and Taunton. Call us now on 0800 652 8025 or contact us online.
Your Court of Protection questions answered
Who can make decisions for someone that lacks mental capacity?
A – This depends on whether any arrangements were put in place before the person lost mental capacity. If the person had put in place a Lasting Power of Attorney before they lost capacity, their affairs would be managed by their appointed Attorney. If the person loses capacity without having this document in place, then a friend or relative can apply to become a Court of Protection Deputy to make decisions on their behalf.
Who can become a Court of Protection Deputy?
Anyone over 18 can apply to be someone’s Court of Protection Deputy. Deputies are usually the friends or relatives of the person that has lost capacity, but if no one is able to act as a Deputy, the Court can appoint a Panel Deputy.
A Panel Deputy is someone pre-approved by the Court to act on behalf of people that don’t have the mental capacity to make important decisions for themselves. Anthony Fairweather and Anne Minihane, senior partners at Clarke Willmott, are both Court approved Panel Deputies.
I’m concerned that someone’s Court of Protection Deputy isn’t acting in their best interests. What can I do?
If you have a concern about the decisions that a Court of Protection Deputy is making about a vulnerable person’s finances, there are a number of ways that we can help. Mediation between the concerned parties is often an effective way of addressing concerns without the need to go to court and, unless there is an allegation of abuse, we would usually recommend this approach in the first instance. We can also help you report these concerns to the Court of Protection and if necessary, apply to the Court to appoint a new Deputy.
What is the difference between a Court of Protection order and a Power of Attorney?
Power of Attorney gives an appointed Attorney the power to make welfare and/or financial decisions on someone’s behalf, when they lose the capacity to do so themselves. These powers are set out in a Power of Attorney document, which is drawn up by a person whilst they have mental capacity.
A Court of Protection order is normally used when a Power of Attorney is not already in place. The order gives a Deputy, appointed by the Court, the permission to manage the affairs for someone who cannot manage them themselves. This happens after they have lost mental capacity.
A Court of Protection order can be used to give additional powers to an Attorney, dealing with the affairs of someone without mental capacity.
What should I do if a person that lacks mental capacity doesn’t have a Will?
If a person lacks the capacity to make their own Will, then an application can be made to the Court of Protection to make a Statutory Will on their behalf. The application is normally made by someone authorised to act for the person lacking mental capacity – such as a Court of Protection Deputy or someone with Power of Attorney.
Can a Court of Protection Deputy manage assets or property held abroad?
Yes they can. Although sometimes getting a Deputyship Order or Power of Attorney recognised in a foreign jurisdiction can be more complex. Clarke Willmott’s international Court of Protection solicitors can liaise with financial or legal institutions on the Deputy or Attorney’s behalf.
Your key contacts
Anthony Fairweather email Anthony Fairweather
Partner
Anthony specialises in UK and international Court of Protection finance work and elderly care law and is also a professional deputy.
View profile for Anthony Fairweather >Anne Minihane email Anne Minihane
Partner
Anne Minihane is a partner in Clarke Willmott solicitors’ Bristol private capital team and a panel deputy for the Court of Protection.
View profile for Anne Minihane >Meet our wider Court of Protection team
With seven offices throughout England and Wales, Clarke Willmott is a national law firm with a local presence. Click to learn more about our wider team of legal professionals and how they can support you.
Meet the team