Specialist Court of Protection lawyers supporting families and vulnerable individuals
When a loved one loses the ability to make decisions for themselves, the consequences can be immediate and overwhelming. Without the right legal authority in place, even simple decisions about their finances, care or welfare can become impossible to act on.
Our specialist Court of Protection solicitors and Court of Protection experts guide families through every stage of this process, from understanding whether an application is needed to supporting deputies once an order is granted. With offices in York and London, we have been providing Court of Protection services to clients across the UK for over a decade, always with the sensitivity and clarity that these situations demand.
You do not have to navigate the Court of Protection alone. We are here to help.
About Court of Protection
The Court of Protection is a specialist court in England and Wales that makes decisions on financial and welfare matters on behalf of individuals who lack the mental capacity to make those decisions themselves.
A person may lose mental capacity due to many different circumstances, including dementia, Alzheimer’s disease, a brain injury, a stroke, a serious accident or a lifelong learning disability. The Court of Protection steps in to ensure their interests are protected and that any decisions made on their behalf are made in their best interests.
The court can make a range of decisions and orders, including appointing a deputy to manage an individual’s ongoing affairs, authorising a one-off decision, making a statutory Will on behalf of someone who lacks capacity, and resolving disputes about how a vulnerable person’s affairs are being managed.
In situations where a Lasting Power of Attorney is already in place, the Court of Protection may not be required. If your loved one has not yet lost capacity and wishes to plan ahead, our Powers of Attorney service provides a more straightforward and cost-effective alternative.
We provide a full range of Court of Protection services for individuals, families and professionals. Whether you need advice at the outset, help making an application, or ongoing support as a deputy, our team is here to assist.
Contact UsIf your loved one has lost mental capacity and has no Lasting Power of Attorney in place, you will need to apply to the Court of Protection to be appointed as their deputy. A deputyship order gives you legal authority to manage their affairs on their behalf.
There are two types of deputyship orders. A property and financial affairs deputy can manage bank accounts, investments, property and other financial matters. A personal welfare deputy can make decisions about care, treatment and day-to-day welfare, although welfare deputyships are less commonly granted by the court.
As experienced deputyship experts, we can advise you on which type of application is appropriate, prepare and submit your application, liaise with the court throughout the process, and support you in understanding your duties and responsibilities once appointed.
The application process can take up to six months from submission to a deputyship being granted in non-urgent cases. Early legal advice helps avoid unnecessary delays.
In some cases, the Court of Protection will appoint a professional deputy rather than a family member. This may happen where the vulnerable person’s estate is large or complex, where there are no family members willing or able to act, or where family disputes make an independent appointment more appropriate.
Roche Legal can act as a professional Court of Protection deputy, taking on full responsibility for managing your loved one’s property and financial affairs. This service works alongside our broader managing affairs support for elderly and vulnerable individuals.
Being appointed as a deputy is only the beginning. Deputies are subject to ongoing supervision by the Office of the Public Guardian and must submit annual reports. There are strict rules governing gifts, property transactions, investments and conflicts of interest.
We provide practical, ongoing guidance to lay deputies who need help navigating their responsibilities, preparing annual reports, making specific applications to the court, or dealing with more complex financial decisions.
Where an individual lacks the mental capacity to make or update their own Will, a deputy or attorney can apply to the Court of Protection for a statutory Will to be made on their behalf. This is an important consideration where the existing Will no longer reflects the person’s circumstances, or where no Will exists at all. Our Wills solicitors and Court of Protection team work together on these applications.
Disputes can arise during Court of Protection proceedings, including disagreements between family members about who should act as deputy, concerns that a deputy or attorney is not acting in the best interests of the vulnerable person, or challenges to decisions made by the court.
If you are involved in a Court of Protection dispute, or are concerned about how a loved one’s affairs are being managed, our team can advise on the appropriate steps and, where necessary, make representations to the court. For disputes involving estates or Will challenges, our probate and estate administration team can also assist.
Court of Protection Application
Not every situation requires a Court of Protection application. Whether you need to apply will depend on whether your loved one has already put legal arrangements in place.
You are likely to need a Court of Protection application if:
If your loved one still has mental capacity and is simply finding it more difficult to manage their affairs, a Lasting Power of Attorney or our managing affairs service may be more appropriate. We can advise you on the right approach for your circumstances.
We can help you assess whether a Court of Protection application is necessary and advise on the most appropriate next steps.
What to Expect
Making an application to the Court of Protection involves gathering detailed information about the individual, completing the relevant court forms, and notifying the people named in the application. A medical practitioner will need to complete an assessment of the individual’s mental capacity as part of the process.
Once the application has been submitted, the court will issue it, and you will have 14 days to serve relevant paperwork on those named. The individual themselves must also be notified, unless the court directs otherwise. If no objections are raised within the required period, the court will consider the application. In straightforward cases, a deputyship order can be granted within four to six months of the application being submitted. Where there are complexities, objections or urgent matters, timescales will vary. Emergency applications are available in situations where an individual’s life, welfare or finances are at immediate risk.
Court fees currently apply to most applications. These can, in many cases, be recovered from the estate of the person you are applying on behalf of. We manage the entire process on your behalf, keeping you informed at each stage and ensuring the application is prepared accurately and completely to avoid unnecessary delays
Why Choose Us
Experienced Court of Protection lawyers
Our team has extensive experience advising families, individuals and professionals on all aspects of Court of Protection law, including deputyship applications, professional deputy appointments, statutory Wills and Court of Protection disputes.
Clear guidance in difficult circumstances
Court of Protection cases almost always arise at a difficult and emotional time. We take care to explain the process clearly, set realistic expectations and keep you updated throughout, so you always know where things stand.
A complete private client service
As a specialist private client firm, we can support you beyond the Court of Protection application itself. Whether you need advice on Wills and estate planning, trusts and tax planning or probate and estate administration, our team can assist across the full range of private client matters.
Offices in York and London
We work with clients locally, nationally and internationally from our offices in York and London. Where it helps, we can come to you.
SRA regulated and independently rated
Roche Legal is regulated by the Solicitors Regulation Authority. Our team consistently receives 5-star reviews from clients for clarity, care and professionalism in even the most complex and sensitive cases.
Your Questions Asked
A Court of Protection deputy is a person appointed by the court to make decisions on behalf of an individual who lacks the mental capacity to do so themselves. Deputies can be appointed to manage property and financial affairs, personal welfare, or both. A deputy can be a family member, close friend, or a professional such as a solicitor. Deputies are supervised by the Office of the Public Guardian and must submit annual reports to the court.
An attorney is appointed in advance by an individual who still has mental capacity, through a Lasting Power of Attorney. A deputy is appointed by the Court of Protection after an individual has already lost capacity. The key difference is timing and control: an LPA allows the individual to choose who acts for them, while a deputyship order is granted by the court. Deputies also face significantly more supervision and reporting obligations than attorneys.
In most non-urgent cases, a deputyship application takes between four and six months from submission to the order being granted. The preparation of the application itself can also take some time, particularly where a mental capacity assessment is required. Emergency applications can be processed more quickly where there is an immediate risk to the individual’s life, welfare or finances.
Court fees currently apply to most applications. The standard application fee is in the region of several hundred pounds per application type, and additional fees may apply if a hearing is required. In many cases, these costs can be recovered from the estate of the person you are applying on behalf of. Legal fees will depend on the complexity of your case. We are transparent about our costs from the outset and confirm fees clearly before work begins.
Applications for a deputyship order are most commonly made by family members or close friends of the individual who has lost capacity. In some cases, professionals such as solicitors, medical practitioners or local authorities may also make or support an application. Anyone applying to be appointed as a deputy must be over 18 and, in the case of a property and affairs deputy, must demonstrate they have the skills and ability to carry out the role.
Yes. In cases where there is no suitable family member or friend to act as deputy, or where the individual’s estate is complex, the Court of Protection can appoint a professional deputy. Roche Legal can be appointed as a professional deputy, taking full responsibility for managing the individual’s property and financial affairs in their best interests and in accordance with the court order and the Mental Capacity Act 2005.
A statutory Will is a Will made by the Court of Protection on behalf of someone who lacks the mental capacity to make or update their own Will. An application for a statutory Will may be necessary where the individual’s circumstances have changed significantly since their original Will was made, where their current Will no longer reflects their wishes, or where they have never made a Will at all. The court will consider the individual’s past wishes, their relationships and their best interests when deciding on the terms of a statutory Will.
If you have concerns about a deputy or attorney, you can report them to the Office of the Public Guardian, which has the power to investigate and, where appropriate, refer the matter to the Court of Protection. If the situation is urgent, legal advice should be sought as soon as possible. Our team can advise you on the steps available and, where necessary, make representations to the court on your behalf.
Resources
Explore our guides on Wills, Probate, Power of Attorney, Trusts, and Tax Planning.
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