Court of Protection

If a loved one lacks the mental capacity to manage their property or financial affairs, our specialist, highly experienced team of Court of Protection lawyers are here to help you.

What is the Court of Protection?

The Court of Protection is a specialist court that was created under the Mental Capacity Act 2005 and makes decisions about the financial, health, and welfare affairs of people who lack the mental capacity to make such decisions themselves.

The Court of Protection has the power to make decisions about a range of issues, including where someone should live, how their finances should be managed, and what medical treatment they should receive. The court’s decisions are made in the best interests of the person who lacks capacity, taking into account their wishes, feelings, beliefs and values as much as possible. The Court of Protection also works to protect vulnerable individuals from abuse and exploitation. 

In what is likely to be a very challenging situation, and taking into account the range of responsibilities and the hugely complicated process that needs to be undertaken, the best course of action is to consult a specialist lawyer to help with the legal, financial and procedural matters relating to the Court of Protection. 

Our team of experienced Court of Protection lawyers can help individuals or family members navigate the legal process and ensure that the vulnerable person’s best interests are protected by providing legal advice, representing clients in court, and helping to resolve disputes through mediation or negotiation.

Professional Deputy Applications and Lay Deputy Applications

We provide advice in respect of all types of Deputyship applications, and we can also act as a professional deputy in complex cases or where there is no one suitable or willing to act. Find out more about our professional deputy applications services. 

We can also help with applications to the Court of Protection to become a lay deputy. Lay deputies are usually family members or close friends of the person they are acting on behalf of, and will have key responsibilities in relation to the financial affairs, health and welfare of the person.

Working with law firms on Court of Protection cases

In some cases, solicitors may have a conflict of interest that prevents them from working on a Court of Protection case. For example, if they have previously acted for another party in the case, they may need to instruct a law firm to ensure that the case is handled impartially.

Other reasons why solicitors may need to instruct specialists like Price Slater Gawne include capacity challenges or geographical practicalities. By instructing us, they can ensure that the case is still handled effectively and efficiently, while allowing them to focus on other matters.

Why choose Price Slater Gawne?

Our specialist team offers a wide range of services relating to the Court of Protection, designed to provide you with the legal advice and support you need to help a loved one when they need it most.

We will work closely with your family, friends, carers and other relevant professionals to coordinate the affairs of the person you support, beginning with building a personal relationship with you and your loved ones to make sure that you are comfortable with us handling such important matters and always receive the best possible advice and guidance. We tailor our service to the individual client’s needs and have been recognised for this person-centred approach. 

If you think you need the advice of our Court of Protection specialists, please get in touch today by contacting our Court of Protection Partner, Gareth Williams at gareth.williams@psg-law.co.uk or by contacting the Court of Protection team at cop@psg-law.co.uk or 03333 058375.