Court of Protection

The Court of Protection makes decisions about the property, financial affairs, and personal welfare of people who lack mental capacity. Our specialist solicitors provide expert representation in these sensitive and complex proceedings.

What Our Court of Protection Solicitors Can Help With

• Deputyship Applications: Becoming a deputy for property and finance decisions
• Personal Welfare Deputies: Rare appointments for ongoing care decisions
• Statutory Will Applications: Making wills for people lacking capacity
• Gift Applications: Authorizing gifts on behalf of incapacitated people
• Property Sale Applications: Selling property of incapacitated persons
• Investment Decisions: Managing investments and financial planning
• Capacity Assessments: Expert evaluations of mental capacity
• Safeguarding Applications: Protecting vulnerable adults from abuse

When Court of Protection is Needed

Court involvement is typically required when:

• No Lasting Power of Attorney exists
• The LPA is inadequate for complex decisions
• There are disputes about someone's capacity
• Family members disagree about care decisions
• Statutory wills need to be made
• Significant gifts or settlements are proposed
• Professional deputies are required
• Safeguarding concerns arise

Types of Deputyship

Property & Financial Affairs Deputy:

• Managing bank accounts and investments
• Paying bills and collecting income
• Buying and selling property
• Making investment decisions
• Claiming benefits and entitlements
• Most common type of deputyship

Personal Welfare Deputy:

• Rarely appointed by the Court
• Only when ongoing welfare decisions needed
• Cannot make decisions about life-sustaining treatment
• Usually for people with learning disabilities
• Requires exceptional circumstances

Deputyship Application Process

1. Capacity Assessment: Medical evidence of lack of capacity
2. Application Preparation: Completing COP1 application form
3. Supporting Evidence: Medical reports and capacity assessments
4. Court Submission: Filing application with supporting documents
5. Case Management: Court directions and case progression
6. Hearing (if required): Court hearing for complex cases
7. Deputy Appointment: Court order appointing deputy
8. Security Bond: Insurance bond for property deputies

Deputy Duties and Responsibilities

Ongoing Obligations:

• Act in the person's best interests
• Follow Mental Capacity Act principles
• Submit annual reports to OPG
• Seek court approval for major decisions
• Keep detailed records of all actions
• Pay annual supervision fees

Court Approval Required For:

• Property sales and purchases
• Significant gifts over £5,000
• Loans or borrowing
• Business decisions
• Litigation or settlements
• Changes to investment strategy

Court of Protection Costs

Application Fees:

• Deputyship application: £400
• Assessment fee: £100
• Hearing fee: £545 (if hearing required)
• Copy documents: £5 per 10 pages

Annual Supervision Fees:

• Type 1 (low value): £100 per year
• Type 2 (medium value): £320 per year
• Type 3 (high value): £800 per year

Legal Costs:

• Simple deputyship: £2,000-£5,000
• Complex applications: £5,000-£15,000
• Contested proceedings: £10,000-£50,000+
• Security bond: 0.5-1% of estate value annually

Alternatives to Deputyship

Before applying for deputyship, consider:

• Appointeeship: For benefits only (DWP appointed)
• Next of Kin Decisions: Limited healthcare decisions
• Access to Assets: Banks may release funds for care fees
• Joint Accounts: If existing joint arrangements
• Trust Arrangements: If assets held in trust

Statutory Wills

The Court can authorize wills for people lacking capacity:

• Evidence of what person would have wanted
• Family circumstances and relationships
• Size and nature of the estate
• Tax planning considerations
• Existing gifts and commitments
• Time-sensitive applications possible

Why Choose SolicitorConnect for Court of Protection

• Court Specialists: Solicitors regularly appearing before the Court of Protection
• Mental Capacity Expertise: Deep understanding of capacity law and practice
• Family Sensitivity: Recognizing the emotional challenges families face
• Medical Networks: Connections with capacity assessment experts
• Cost Management: Efficient case handling to control legal costs
• Ongoing Support: Guidance throughout the deputyship period

Court of Protection proceedings require specialist expertise to navigate complex legal and medical issues while protecting vulnerable people's interests.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.