When people are unable to make their own decisions because of a mental illness, other people may be required to make decisions on their behalf. Sometimes there may be disagreements surrounding these decisions and that is where the Court of Protection can help. If you would like to find out how we can help you to use the Court of Protection to protect yourself or a loved one, please call us on 08082747557.
Court of Protection Solicitors
In short
When someone is unable to make their own decisions because of a mental illness or lack of capacity, and there's no lasting power of attorney in place, another person may need the Court of Protection's authority to make decisions on their behalf. This is known as applying to become a "deputy." Call 08082747557 for a free initial assessment.
If a power of attorney already exists, the Court of Protection usually isn't needed for day-to-day decisions — see lasting power of attorney solicitors. This page covers what happens when there's no LPA in place and capacity has already been lost.
Understanding the Court of Protection
The Court of Protection makes decisions, and appoints people to make decisions, for individuals who lack the mental capacity to do so themselves, under the Mental Capacity Act 2005. It deals with financial affairs, property, and health and welfare decisions.
When is a deputy appointed by the Court of Protection?
A deputy is typically needed when:
- Someone has lost mental capacity (for example, through dementia, a brain injury, or a severe mental illness)
- No lasting power of attorney was made while they still had capacity
- Ongoing decisions need to be made about their finances, property, or care
There are two types of deputy: a property and financial affairs deputy and a personal welfare deputy, broadly mirroring the two types of LPA — but appointed by the court rather than chosen in advance by the individual, and subject to ongoing court supervision.
What we help with
- Deputyship applications — preparing and submitting the application, and acting as, or supporting, the deputy once appointed
- Statutory will applications — where the court needs to authorise a will (or a change to one) on behalf of someone who lacks capacity to make one themselves
- Disputes and challenges — including disagreements between family members over who should act, or challenges to a deputy's conduct
- Gifts and settlements — applications to the court where a gift or financial arrangement needs to be made on behalf of someone who lacks capacity
- Safeguarding vulnerable adults — advice where you're concerned about how someone lacking capacity is being treated or their assets managed
Need help applying for deputyship? Call 08082747557 for a free initial assessment.
Our commitment to individuals and families
These situations are often emotionally difficult, involving a loved one's declining health as well as complex legal process. We aim to make the legal side as straightforward as possible, so families can focus on the person at the centre of it.
Why acting sooner matters
Deputyship applications can take several months, and in the meantime no one has formal legal authority to manage the person's affairs. If you think a loved one may lose capacity in future, setting up a lasting power of attorney now — while they still can — avoids the Court of Protection process altogether.
Related Services
- Register or act under an LPA where capacity has already been lost Lasting power of attorney solicitors
- Set up a power of attorney while you still have capacity Power of attorney
- Deal with an estate after a death (probate) Estate administration
- Write or update a will Making a will
- Protect assets for children, grandchildren or a vulnerable relative Trusts
- Back to Wills & Probate Wills & Probate