Understanding the Court of Protection
The Court of Protection makes decisions for individuals who lack the mental capacity to manage their own financial or personal affairs.
If there is no valid Lasting Power of Attorney in place, it may be necessary to apply to the Court to be appointed as a Deputy. A Deputy is authorised to make decisions on behalf of the person who lacks capacity.
There are different types of applications depending on the circumstances, including:
- Deputyship applications – to manage property and financial affairs.
- Health and welfare applications – in more complex or disputed situations.
- Statutory Will applications – where a will needs to be created or updated on behalf of someone who lacks capacity.
- Gift applications – where authority is required to make certain gifts.
- Trustee Act applications – where a trustee lacks capacity and a replacement is needed.
The process involves detailed paperwork, medical evidence and ongoing legal responsibilities. Deputies are supervised by the Office of the Public Guardian and must comply with strict reporting requirements.
Our role is to guide you through the application process and ensure you understand your duties and responsibilities.
How we can help
Deputyship applications
We prepare and manage applications to appoint you as Deputy for property and financial affairs.
Advice on health and welfare matters
We advise on applications where decisions about care or medical treatment require Court involvement.
Statutory Will applications
We assist with applying to the Court where a will needs to be created or updated for someone lacking capacity.
Gift and Trustee Act applications
We prepare applications seeking authority to make gifts or to appoint or replace trustees.
Ongoing deputy support
We provide guidance on your legal duties, annual reporting and compliance obligations.
Sensitive and practical advice
We understand these matters often arise during difficult times and offer clear, compassionate support throughout.
