Court of Protection Lawyers

The Court of Protection was created to safeguard the rights of those who are assumed to lack the mental capacity to independently make a particular decision.

The responsibilities of the Court of Protection include:

• Establishing whether a person has the mental capacity to make their own decisions (this will include working alongside the relevant health professionals).
• Appointing deputies to make decisions on someone’s behalf.
• Handling urgent or emergency applications for deputyship.
• Making decisions about Lasting Power of Attorney and Enduring Power of Attorney and considering any objections to their registration.
• Considering applications to make statutory wills or gifts.

Authorising individuals to make one-off decisions on behalf of someone else who can’t do it themselves.

When a relative or loved one cannot manage their affairs and there’s no Lasting Power of Attorney in place you will need to apply to the Court of Protection for the authorisation to make any financial or health and welfare decision on their behalf.

This process is known as appointing a deputy. It is typically more complicated than creating Lasting Power of Attorney, so getting LPA in place before it’s needed is advised. This isn’t always possible, of course.

A deputy can be a relative, friend, or professional such as a solicitor. To appoint a deputyship, the court needs to be completely satisfied that the right person or people are being considered for the role. The team at Rowlinsons have extensive experience in this complex area of law. We can guide you through the application process or remove the stress of doing it yourself by acting as deputy to ensure your loved one’s affairs are effectively taken care of.

Get in touch today to find out more.

There are several reasons why people lose the ability to make important decisions including the onset of a degenerative illness like dementia, sustaining a debilitating injury in an accident, or suffering profound mental health issues.

The law around capacity is complex and the person in question will require a professional assessment to determine whether or not they have the ability to understand their situation and make an informed decision. Mental capacity is not always fixed either. Dealing with the Court of Protection can be complex, so it’s essential that you and your loved one have a legal team on your side whom you can trust.