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.
Court of Protection's Powers
The Court of Protection is there to protect vulnerable people and has the power
- 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.
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
- 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
- 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 freephone: 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.