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Court of Protection solicitors

Expert support for anyone making important financial decisions for a vulnerable person

Our expert Court of Protection team has established an exceptional reputation based on our expertise, sensitive approach and outstanding service. Whether you have a disabled child or are caring for a vulnerable adult or elderly relative, we can help you make the right decisions to safeguard and protect their financial interests. Read what our clients say about us.

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What is the Court of Protection?

The Court of Protection makes decisions for people who lack the mental capacity to manage their own affairs because of an injury, dementia, a disability or learning difficulty. The decisions the Court of Protection can make include who should manage the person’s finances.

Providing vital support for Deputies

A Court of Protection Deputy is a person authorised by the Court to act on behalf of someone who doesn’t have the mental capacity to make important decisions for themselves. This can be an onerous and time-consuming role.

Our experienced solicitors can support Deputies to manage their legal, administrative and financial duties. Or if there is no-one willing or able to act as the Deputy, we can act as a professional Deputy instead. Learn more about acting as Court of Protection Deputy.

Why choose our Court of Protection team?

  • We are specialists in the Court of Protection – our senior partners Anthony Fairweather and Anne Minihane are two of only 75 Court of Protection panel Deputies in the country. Panel deputies are appointed by the Court to manage the financial and property affairs on behalf of a vulnerable person when there is no one else suitable to do so.
  • Your dedicated point of contact will get to know you and your family – we understand that you may still want to play an active role in the vulnerable person’s life, so we’ll work closely with you and will always listen to your views.
  • We act fast – when you get in touch, we’ll get back to you promptly and we’ll make most payments within 24 hours.
  • We always keep you in the loop – we will always keep you informed and up to date as long as it’s in the best interests of the person we are appointed for. We will agree how much you want to be involved in decisions.
  • We keep costs down for you – we take pride in working fast and effectively and finding ways to keep costs and fees to a minimum without compromising our service and our care of the person we are acting for.
  • We are experienced – we have many years of experience acting as professional and panel deputies and have met most situations before and resolved them successfully.
  • We go further – our Court of Protection team has international experience helping clients around the world including in New Zealand, the USA, France, Eire, India and Spain.

What our clients say

“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
“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?

Who is allowed to make decisions on someone’s behalf, will depend on whether arrangements were put in place before they lost mental capacity. If they had put in place a Lasting Power of Attorney, their affairs would be managed by their appointed Attorney.

However, if they lost capacity without having an LPA 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 a Court of Protection Deputy isn’t acting in a vulnerable person’s best interests. What can I do?

If you’re concerned about the decisions a Court of Protection Deputy is making about a vulnerable person’s finances, we can help. Unless there is an allegation of abuse, we usually recommend mediation in the first instance, because it is often an effective way of addressing concerns without the need to go to court. 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 Power of Attorney and a Court of Protection order?

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,  permission to manage the affairs for someone who has lost the mental capacity to do so themselves.

A Court of Protection order can also be used to give additional powers to an Attorney, dealing with the affairs of someone without mental capacity.

What should I do if the person that lacks mental capacity doesn’t have a Will?

If a person lacks the mental 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 a Court of Protection Deputy can manage the assets or property held abroad. However, getting a Deputyship Order or Power of Attorney recognised in a foreign jurisdiction may be more complex. Our international Court of Protection solicitors can liaise with financial or legal institutions on the Deputy or Attorney’s behalf.

Your key contacts

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

Request a consultation

Request a consultation with a member of our team – TC

Our Private capital team are best placed to offer advice to those who have mental capacity.

However, if you would like advice about a capacity assessment, our Court of Protection team will be able to assist you.

Request a consultation with our Private capital team

Would you like to continue?

Our Court of Protection team expertise lie in property and affairs matters only.

We can assist you with:

  • professional deputy services
  • non professional deputy applications
  • replacement trustee applications
  • gift applications
  • statutory will applications
  • deeds of variation
  • OPG reports

To read about how and why we use your personal information, please visit our privacy page.

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