Court of Protection lawyers
We have a dedicated and experienced Court of Protection team who can assist with applications to the Court of Protection and deputyship matters.
Our dedicated Court of Protection lawyers are passionate about ensuring that people with disabilities are supported in the individual way that they need.
What is the Court of Protection?
The Court of Protection is the only body in England and Wales that has jurisdiction to make decisions on behalf of people that lack the required mental capacity to do so for themselves.
The Court of Protection can:
- Appoint an individual to act on someone else’s behalf as their Deputy for property and affairs or health and welfare
- Make specific decisions on behalf of an individual about property and affairs and/or health and welfare, for example, consenting to medical treatment
- Make declarations regarding capacity
Applications to the Court of Protection can be lengthy and complex. The applicant must demonstrate that the person concerned lacks capacity and that the order that they seek is in the person’s best interests.
Our specialist Court of Protection team can help to guide applications through the process including:
- Advising as to what application should be made
- Managing the application process
A Deputy can be a lay person or a professional appointed to make a variety of decisions on behalf of a person who lacks capacity without reverting to the Court of Protection. A Deputy may be appointed to make property and affairs decisions and on rarer occasions health and welfare decisions.
Head of Services for Vulnerable and Disabled People, Sue Bowler is a Court of Protection Panel Deputy. This means that she is one of only a handful of experts who will be appointed directly to the Court to act in complex and challenging cases.
Upon appointment a Deputy will be referred to the Office of the Public Guardian for supervision. The Deputy will need to:
- Arrange for a security bond to be put in place. This is an insurance against any mistakes made by the Deputy which result in financial loss to the person who lacks capacity.
- Pay an assessment fee and annual supervision to the Office of the Public Guardian.
- Ensure they take proper control of the property and affairs belonging to the person who lacks capacity and make decisions in their best interests.
- Submit an annual return detailing expenditure and income received on behalf of the person who lacks capacity.
Our specialist team has vast experience with managing ongoing Deputyships and assisting lay Deputies with fulfilling the requirements of their role. In addition we manage several complex cases where Sue Bowler is appointed as Deputy.
- Obtaining and implementing independent financial advice
- Arranging and paying for care
- Coordinating the build and adaptation of specialist housing for people with a range of disabilities
- Making health and welfare decisions
- Ensuring that our Court of Protection clients are protected financially during a change in their family circumstances such as marriage and divorce
- Arranging specialist holidays and activities for clients with disabilities
- Taking care of day to day expenses and household bills for clients who cannot manage this themselves
- Supporting our clients through safeguarding proceedings
If you would like further information please contact us on 023 9238 8021 or fill in the enquiry form.