Our specialist Court of Protection lawyers are highly experienced and are on hand to advise and help people who lack capacity due to an accident, old age, mental illness or learning difficulties. We can assist in making decisions about their property and finances or their health and welfare.

When you or someone close to you loses their mental capacity and becomes unable to manage their affairs, it can feel overwhelming and confusing. Our Court of Protection and Deputyship specialists are on hand to assist in these circumstances.

We can also help you apply for a Lasting Powers of Attorney before loved ones lose the capacity to make decisions for themselves.

We can advise on all aspects of mental capacity decisions, best interests meetings and disagreements, and representation in Court of Protection proceedings, ensuring people have access to the right medical care, residential protection, social services and financial support at a time when they need it most.

We regularly act for vulnerable individuals with disabilities or family members in Court of Protection proceedings and can help bring or respond to a Court of Protection application.

This is a very complex area of law that is ever-changing and so it is highly advised that you seek expert legal advice and representation.

What is the Court of Protection?

The Court of Protection is a Court that has jurisdiction over the property, financial affairs and health and welfare of people who do not have the mental capacity to make decisions for themselves. This could be a temporary or permanent condition.

Although we would always advise that people plan ahead and put a Lasting Power of Attorney (LPA) for situations such as this, we appreciate that this is not always possible. We are here to help you resolve the subsequent issues.

If a relative or loved one is no longer able to manage their affairs, our expert team can help you to make an application to the Court of Protection.

Power of Attorney

A power of attorney is a legally binding document that allows someone to nominate another person to act and make decisions on their behalf should they lose the capacity to do so themselves. This is usually a relative or friend but can also be a professional such as a solicitor but they must be over 18.

This decision must be made while the person still has the mental capacity to do so. If you do not have a valid Power of Attorney, the Court of Protection will appoint a deputy instead.

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Deputyship

This is an application to the Court of Protection for someone to be appointed to make decisions on behalf of a person who has lost their mental capacity either through illness or injury, and where there is no Power of Attorney in place.

The deputyship will usually relate to property and financial matters but occasionally the Court will appoint a deputy concerning health and welfare.

A deputy must always act in the incapacitated person’s best interests, making sure that all decisions made are for their benefit.

Looking after a loved one’s finances, health and welfare can be too demanding and time-consuming. Our experienced solicitors are here to alleviate some of that pressure and can act as their professional deputy, allowing you to concentrate on providing them with love and care.

Deprivation of Liberty

The Deprivation of Liberty Safeguards (DoLS) is the legal procedure used when it is necessary to deprive a person who lacks the mental capacity of their liberty regarding consenting to their care and treatment to keep them safe from harm.

Our team has the expertise to apply to challenge a Deprivation of Liberty Safeguarding Order (DOLS) and regularly represent all parties.

We can offer the following range of services to help:

  • Applications to the Court of Protection for close family members or friends to become legal deputy.
  • Legal support and expert dispute resolution with contested deputyship applications.
  • Professional deputyship, where we act with care to manage a loved one’s financial and health affairs.
  • Other specific applications to the Court of Protection.
  • Challenging a Deprivation of Liberty Safeguarding Order

Why Choose Us?

Our solicitors are experts in drafting court of protection (CoP) applications and appeals.
We have helped many individuals owners across the country through the complex process of CoP.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our court of protection (CoP) services. We will happily provide you with a free initial discussion about your individual circumstances.
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