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Court of Protection

Welcome to our Court of Protection page

Our Court of Protection team is made of specialist solicitors with significant experience and expertise relating to mental capacity law. Our service includes providing initial advice and assistance to representing you, a person that lacks capacity, a family member or friend in the Court of Protection.

The Court of Protection make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

The Court of Protection can make the following decisions:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act 2005


How can we help you?

This area of law is complex and challenging.  Specialist legal advice is crucial to ensure that you make the right decisions on behalf of an incapacitated person or those making decisions on the behalf of you, a family member or friend are following the law correctly. We provide clear, practical and cost-effective advice in the following areas:

Once the Court Order is obtained, we provide on going advice and support to you and your family. We are happy to liaise with health professionals, local authorities and the Court whenever necessary.  We can also advise you in relation to care home contracts and whether a person may be entitled to free nursing care funding (see Continuing Health Care page) or assistance with receiving care and support from the local authority (see community care page).

For many years we have worked closely with local charities, including Age UK Warwickshire and Alzheimer's UK, running seminars and free legal clinics so that we can provide advice in this complex area of law.  We are committed to protecting the interests of vulnerable people and their families. 

Please do not struggle alone.  If you have any questions or concerns about you, a family member or friend, please do not hesitate to contact our team on 01926 491 181. We offer an initial consultation free of charge.

Team members

Ceri Mawson
Trainee Solicitor
Charlotte Bell
Debbie Anderson
Solicitor - Director - Head of The Health and Community Care Team
Marie O'Malley
Sonal Lala

News and media

  • News
    • Posted on December 14, 2020
      The Government has announced (1st December 2020) that parents/guardians of children who lack mental capacity to manage their finances can ask to have the court fees waived when seeking access to a Child Trust Fund.
    • Posted on November 9, 2020
      A news story emerging over the past few days has been that of Ylenia Angeli and her daughter Leandra Ashton (a former Coronation Street actress) who ‘stole’ Ms Angeli’s mother, who is 97 and has a diagnosis of dementia, from the care home in which she was residing. Ms Angeli was arrested after the care home called the police, apparently because Ms Angeli physically removed her mother from the care home and refused to return her. Ms Ashton appears to have filmed much of the incident, with the video showing an elderly lady sat in the front of a car whilst Ms Angeli sits in the back of a police car, handcuffed. Ms Angeli’s mother was returned to the care home by the police, and she was de-arrested.
    • Posted on November 6, 2020
      As we have now officially entered into another national lockdown, we have already started to receive call from worried relatives concerned as to if and how they can see their relative in a care home over the upcoming month. We are pleased to say that the government has recognised the importance of visits to residents of a care home.

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