To speak to a Court of Protection solicitor for expert advice you can trust, please call Slater and Gordon Lawyers on freephone 0808 175 8000 or contact us online and we’ll call you. Our Court of Protection solicitors are specialists in managing property and affairs for people who lack mental capacity to manage their finances themselves.
What is the Court of Protection?
The Court of Protection is a specialist court which is responsible for individuals who lack the mental capacity to manage their own property and affairs or to make decisions about their welfare.
There are many reasons why someone might lack capacity, for example, dementia, learning disabilities, or as a result of a brain injury.
How does the Court of Protection protect someone who lacks mental capacity?
The Mental Capacity Act gives the Court of Protection jurisdiction to make orders about personal welfare, as well as property and finances for those who lack mental capacity to make decisions for themselves.
The Act has principles and codes which need to be followed by everyone involved in the management of the welfare, property and finances of a person who lacks mental capacity.
What does a Court of Protection solicitor do?
When someone lacks the mental capacity to look after their own affairs and has not put in place a Power of Attorney before losing capacity, the Court of Protection will appoint a Deputy to look after that person’s affairs. The Deputy must act in that person’s best interests and follow the rules of the Mental Capacity Act.
Slater and Gordon’s Court of Protection experience ranges from representing people who’ve suffered an injury and are in receipt of significant damages awards through to Court of Protection Deputyships for the elderly who may be suffering from Dementia or Alzheimer’s type illnesses which leave them unable to look after their own affairs.
With a growing vulnerable elderly population, it’s critical that the finances of these people are safeguarded and used for their benefit.
When would you need a Court of Protection solicitor?
If you’re in a situation where you’ve become responsible for managing someone else’s affairs, it's important to seek legal assistance right away. This can be an enormous responsibility and extremely daunting if you’ve no experience of acting on behalf of someone else. Our solicitors can give you the advice you need to manage someone else’s affairs, money and property responsibly and in their best interests. Alternatively, we can take this burden off your shoulders altogether, using our years of collective expertise in the field of Court of Protection law.
Our highly trained solicitors can also help if:
- You’re concerned about someone else’s ability to manage their own affairs
- You’ve worries about your own ability to manage your affairs, or your decreasing ability to do so as time goes on
- You believe that someone else’s affairs are being mismanaged, or you lack confidence in someone else’s ability to manage your affairs
- There’s a dispute or lack of clarity over the management of your own or someone else’s affairs.
In cases like these, it’s important to seek advice as soon as possible. Even if the situation hasn’t yet reached the point where a person may need someone else to manage their affairs, preparing for that critical time is essential. By planning ahead and speaking to a solicitor about the options available to your family, you can calmly and rationally discuss the right actions to take in the best interests of your family member.
If you need to discuss your options or simply require sound legal advice to help you make a decision, please don’t hesitate to call one of our expert Court of Protection solicitors on freephone 0808 175 8000. You can also contact us online and we’ll be happy to get in touch to arrange an initial consultation.
Why choose Slater and Gordon?
Our Court of Protection solicitors have extensive expertise in a wide range of issues relating to care home fees and benefits eligibility to ensure that lifetime savings last as long as possible. We can also assist if there’s a dispute around residence or treatment. Our service aims to put the interests of you and your family first, and it’s our client-focused, holistic approach that sets us apart from many other law firms.
Our solicitors understand the difficulties and sensitivities of acting as a professional Court of Protection Deputy and in assisting lay Deputies to carry out their roles. They’re able to draw on their considerable experience in this complex area of the law to provide expert assistance alongside compassion, care and sensitivity.
The Slater and Gordon team also has expertise with complex financial matters related to Court of Protection cases. We’ve experience in preparing annual accounts to the Office of the Public Guardian, preparing income tax returns, employing carers and support workers, seeking local authority funding or permission to pay gratuitous care.
In addition, we can help you if there’s a dispute about who should act as Deputy or if you’ve concerns about possible financial abuse or someone’s ability to look after their financial affairs.
For more information on any of these services or simply to discuss your circumstances, get in touch with our Court of Protection solicitors using our online contact form or by calling freephone on 0808 175 8000 - this number is available 24 hours a day, 7 days a week.
Statutory will and gift applications
Slater and Gordon Lawyers also specialise in statutory will and gift applications. We can ask the Court of Protection to make a will for someone who due to incapacity can no longer make a will themselves. Their will may be out of date or you may be worried about what will happen to someone’s home when they pass away.
Our Court of Protection solicitors can provide legal advice about the options available and whether a court application is suitable. If you’re being removed as a beneficiary through a statutory will application, we can represent you in the court proceedings.
Depending on the circumstances, our solicitors may also be able to assist you when it comes to personal injury trusts (including those for children), lasting Powers of Attorney, Deprivation of Liberty Safeguards (DoLS) or any other issue relating to the Court of Protection.
Slater and Gordon Lawyers is one of the UK's largest and most well-known law firms, with offices in towns and cities including Birmingham, Cardiff, Edinburgh, Cambridge, Leeds, Liverpool, Manchester, London and Sheffield. Wherever you or a loved one’s based, we can provide immediate assistance.