Court of Protection

What is it?

The Court of Protection has been established by the Mental Capacity Act 2005 and looks after the rights of people who lack the mental capacity to make decisions regarding their property, affairs or personal welfare. Our Court of Protection Legal Team have helped many people and look forward to helping you as well.

Legal Services - Mental and Physical Capacity, Power of Attorney

Court of Protection's Powers

The Court of Protection is there to protect vulnerable people and has the power to:

  • decide if they have the capacity to make a decision for themselves
  • make decisions on financial or welfare matters for anyone who is unable (eg lacks capacity to make the decisions for themselves)
  • appoint deputies to take decisions on their behalf, and ensure that the deputy appointed acts correctly – if they do not the Court of Protection has the right to remove them
  • decide on the validity of a lasting power of attorney or enduring power of attorney and also to hear cases regarding objections to these legal documents

Our Legal Experts

Our Court of Protection Team has been dealing with this type of work for many years and know the legal processes involved inside out. We can ensure you receive a swift and professional service at all times, which means you can relax in the knowledge that your affairs are all in order.

Recommendation:

Noted for its ‘expertise and experience in the health and welfare field’. The firm is regularly involved in reported cases, with recent examples including SC v BS & A Local Authority (relating to mental capacity expert competence), and PB v NHSDC PT (relating to the appropriate use of detention provisions under the Mental Health Act). Julie Cornes and Angela Jackman are ‘heavyweights in this field’. Legal 500 2013

Our Expertise:

  • We have particular experience of acting in high value personal injury or medical negligence cases where loss of capacity has occurred and it is essential for the Deputy to work closely with the legal team recovering compensation, prior to settlement of the claim
  • We can give advice on and prepare Lasting Power of Attorneys
  • Our Independent Financial Advisor can provide financial advice to claimants' representatives, including deputies and the trustees of personal injury trusts. A legal settlement may need to last for many years. It is therefore important that ongoing financial advice is taken to help achieve individual financial objectives... Read our financial guide here

Get in touch…

Give our Court of Protection Solicitors a call now on 0808 129 3320 or simply send us your question by email using our online form and we will get in touch and offer you the legal assistance you need to get your affairs in order.

Latest News

Guides

Sian Thompson - Wills and Probate Solicitor - Leeds

Sian Thompson TEP
Partner, Professional Deputy
Head of Court of Protection, Wills, Probate & Trusts
T: 0844 858 3200

View profile

Meet the Team

Get In Touch