Home ⁄ Services ⁄ For You ⁄ Wills and Probate ⁄ Court of Protection

Court of Protection Solicitors

If your loved one struggles to make their own decisions about their finances and care, we can help you attend to all their needs and safeguard their happiness and welfare. Our specialist solicitors provide expert advice about using the Court of Protection and can handle the entire application process on our clients’ behalves.

At Whiskers Solicitors, we have a wealth of experience in supporting elderly and vulnerable people and their loved ones. Based in Harlow and Epping, Essex and Bishop’s Stortford, Hertfordshire, our clients come to us for our sensitive, practical approach and extensive legal knowledge.

The Court of Protection was created to help people who lack mental capacity and makes decisions about things like:

  • Whether to authorise someone to make decisions on someone else’s behalf (Deputyships)
  • Whether to consent to urgent medical treatment on someone’s behalf
  • Whether to make or update a Will on someone’s behalf

Court of Protection applications are complex so it is important to consult a specialist solicitor who can handle the process for you.

To speak with one of our expert Court of Protection solicitors, get in touch with:

How our Court of Protection solicitors can help you

We can help you if you are providing support and/or care for a loved one who cannot make their own decisions, for example, because of a brain injury or illness such as dementia.

We will prioritise your loved one’s welfare and best interests at all times to ensure their quality of life is the best it can be. Our Court of Protection expertise includes: 

  • Mental capacity assessments
  • Court of Protection Deputyships
  • Statutory Wills
  • Selling jointly owned property
  • Urgent decisions
  • Emergency decisions

What does the Court of Protection do?

Illnesses such as dementia and brain injuries affect thousands of people each year causing many to struggle making decisions about their own care and financial affairs. Although some social care may be available for people who need extra support, the bulk of care often falls (whether willingly or reluctantly) to relatives.

However, if your loved one has not made a Lasting Power of Attorney (LPA) authorising you to make decisions for them (or they have made an LPA but it does not cover the decision you need to make), you are likely to struggle. This is because most companies, organisations and care providers will only deal with you if your loved one has authorised you.

Therefore, the Court of Protection was set up to help people who lack mental capacity and their loved ones. The Court covers things like:

  • Deciding whether someone lacks mental capacity to make a particular decision
  • Appointing Deputies to make decisions on someone’s behalf
  • Assessing urgent and emergency applications where a decision needs to be made for someone immediately
  • Making and varying Wills on behalf of people who cannot make a Will themselves
  • Selling jointly owned property where one joint owner cannot consent to the sale

Our Court of Protection solicitors can provide advice about all these applications and more. With extensive knowledge of all the work undertaken by the Court, we will talk you through your options at length so you can make a fully informed decision in the best interests of your loved one. Our Court of Protection advice includes:

Court of Protection Deputyships

Deputies have long-term legal authorisation to make decisions on behalf of someone who lacks mental capacity. There are two types of Court of Protection Deputy:

  • Property and Financial Affairs Deputy – does things like pay someone’s bills, collect their benefits, and manage their bank accounts and pension
  • Personal Welfare Deputy – can make decisions about things like someone’s medical treatment and day-to-day care

You can apply to be one type of Deputy or both.

The application process is complex, involving a number of different forms, including information forms about your loved one’s finances and/or welfare needs and a capacity assessment by a practitioner (for example, from your loved one’s doctor). It is therefore important to have a specialist solicitor by your side to ensure all forms are completed correctly.

We can also provide ongoing support once your Deputyship application is approved to help you assess your loved one’s capacity when a decision needs to be made and to help you make decisions in their best interests.

Statutory Wills

The Court of Protection can make or vary a Will on behalf of someone who lacks mental capacity and cannot make one themselves. Without a Will, your loved one’s assets will not be distributed according to their wishes after they die, so it is important to ensure they have one.

Someone who lacks mental capacity to manage their own finances may still have the ability to make a Will. Our Court of Protection solicitors can help you assess whether your loved one has sufficient capacity or whether we need to make a Statutory Will application.

Selling jointly owned property

To sell jointly owned property, all the owners must have mental capacity to consent to the sale and sign legal documents. This can make it very difficult where one owner wants to sell, but the other cannot consent.

In these situations, you can apply to the Court of Protection to appoint someone to act on the behalf of the person lacking mental capacity. 

Urgent and emergency decisions

The Court of Protection can make urgent and emergency decisions:

  • You can apply for an Urgent Interim Order where your Deputyship application is pending but you need to make a one-off decision straightaway. For example, if you need to pay care fees.
  • You can apply for an Emergency Order where your loved one is at immediate risk. For example, if they require urgent medical treatment but cannot consent because they lack mental capacity.

If you need to make an urgent or emergency Court of Protection application, get in touch with us as soon as possible.

Get in touch with our Court of Protection solicitors in Harlow, Epping and Bishop’s Stortford

To speak with one of our expert Court of Protection solicitors, get in touch with:

close