Court of Protection Solicitors
We’re here when you need us
Unfortunately, there may come a time in a person’s life where they lose the capacity to handle their health care and financial matters.
In this difficult and often emotional scenario, that person will need someone else to take responsibility for their important affairs.
If you need to support a loved one who lacks mental capacity with their finances and or health affairs, our specialist Court of Protection solicitors can assist you.
At Dutton Gregory we have much experience assisting clients with Court of Protection matters. We understand that supporting a loved one who has lost mental capacity can be extremely challenging. Our team ensure to act with sensitivity at all times, simplifying the associated legal processes as far as possible.
Our Court of Protection expertise
Our solicitors can provide assistance with matters such as:
- Court of Protection applications
- Court of Protection Deputies
- Court of Protection disputes
- Statutory Wills
If a loved one is no longer able to manage their own affairs and finances, the time may be right to make an application to the Court of Protection to appoint a Deputy.
Making an application to the Court of Protection can be a complex and time-consuming task, so it is important to have the right support and guidance on side from the outset.
Our specialist Court of Protection solicitors can work alongside you, advising you on the necessary process for making an application, helping to ensure there are no potential delays which could disrupt matters.
After making an application to the Court of Protection, you may be appointed as a Deputy to act on behalf the person without capacity.
You may be appointed as either a Health and Welfare Deputy, a Property and Financial Affairs Deputy, or as both. The type of Deputy that is most suitable will depend on the specific needs of the person who lacks mental capacity.
Our solicitors at Dutton Gregory can support clients who are acting in the role of a Deputy, explaining the duties and processes involved and ensuring that you are aware of your responsibilities.
Making decisions for another individual can be challenging, and there are various potential problems that may arise. If you are experiencing a Court of Protection related dispute, our solicitors can offer robust legal support to protect your interests, as well as those of your loved one.
Potential disputes that our Court of Protection solicitors can assist with include:
- Disputes that arise where it is believed that a Deputy is not making decisions with the incapacitated individual’s best interests in mind.
- Challenging the appointment of a Deputy by the Court of Protection or removing a deputy.
- Disputes where it is believed that the individual has the capacity to make their own decisions, and therefore should not have a deputy acting for them.
If someone does not have the capacity to manage their finances and or health, the chances are they are also not capable of creating a Will by themselves.
Where a person who lacks capacity has not drafted a Will, or requires their Will to be amended, this person will need an Attorney or a Deputy to create a Statutory Will for them.
If you have taken on the role of Deputy or Attorney, and you need to create a Statutory Will for your loved one, our experts can assist you throughout every required step.
Frequently asked questions about the Court of Protection
Where an individual lacks the mental capacity to make their own decisions, the Court of Protection can appoint someone to act on their behalf .
The Court of Protection was established to protect the rights of those who lack mental capacity, and ensure that they have the necessary support.
Those who would like to support an incapacitated loved one can apply to the Court of Protection to become a Deputy, managing their loved one’s affairs, such as their finances and health matters.
Individuals who still have mental capacity and would like to prepare for a future time where they may not, can apply to the Office of the Public Guardian for a Lasting Power of Attorney (LPA), appointing an Attorney of their choosing.
If your loved one lacks the mental capacity to make key decisions on their own, you should apply to the Court of Protection, gaining permission to act as their Deputy.
Once granted Deputyship, you will legally be permitted to manage your loved one’s health care matters and or finances, depending on which type of Deputyship you have been granted.
Other scenarios whereby you might go to the Court of Protection include:
- To resolve a Court of Protection related dispute, for example, challenging or removing an Attorney or Deputy
- Where a person requires a mental capacity assessment, (usually to determine whether or not they in fact require an Attorney or Deputy)
- If an individual requires a statutory Will, or to address statutory Will related matters
For support with any matter related to the Court of Protection, please get in touch with our Court of Protection solicitors.
How long it takes to obtain a Court of Protection Order depends on how complex the case is. On average, it should take approximately 6 months, however, it may take longer, depending on the situation.
In emergency cases, for example, where a person has a serious health condition and needs an immediate decision regarding treatment, the Court should be able to make a decision right away.
When you make an application for Deputyship, you will need to pay a set fee of £365 to the Court of Protection.
Solicitors charge a separate fee for legal support, such as assistance with your Deputyship application. Once our experts at Dutton Gregory have determined your requirements, we can provide an accurate quote.
Get in touch with our Court of Protection solicitors in Hampshire and Dorset
Our expert Court of Protection solicitors can advise clients nationwide from our offices across Hampshire and Dorset.
We have offices located in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
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