Court of Protection Solicitors
If someone close to you lacks the mental capacity to manage their own affairs, our Court of Protection solicitors can provide practical help and advice.
Mental incapacity can affect any of us, whether through illness, such as dementia or Alzheimer’s, or serious injury. And as a result, we may need some help to manage our finances or welfare.
In an ideal world, the person affected will have previously made a Lasting Power of Attorney (LPA) and appointed an Attorney to manage their affairs on their behalf. But if an LPA doesn’t exist, you’ll need to apply to the Court of Protection to become a Deputy or ask the Court to make a decision.
Contact our Court of Protection solicitors in Bristol
What is the Court of Protection?
The Court of Protection safeguards the rights of vulnerable people. It has the authority to appoint a Deputy to manage someone else’s affairs when they lack the capability to do so themselves. A Deputy is sometimes a relative or close friend, but the court can also appoint our lawyers to act as a person’s Deputy where required.
Before you apply for deputyship, speak to our specialist Court of Protection solicitors in Bristol and South Gloucestershire. We can advise you on the steps involved in managing and making decisions for someone else, and can help you make your application to court.
If you’re acting as Deputy for someone, we can support you in your role. We can also apply to become a Deputy for your loved one.
Barcan+Kirby’s Court of Protection expertise
Our Court of Protection department is led by Tom Sharkey, a Law Society accredited practitioner in Mental Capacity (Welfare), reflecting our specialist skills in supporting vulnerable people. The team includes trained Dementia Friends, as well as members of Solicitors for the Elderly and the Society of Trust and Estate Practitioners (STEP).
Our Court of Protection lawyers are highly experienced in supporting vulnerable people and their loved ones. We can help to ensure your loved one’s needs are met, providing compassionate, practical support to make dealing with these challenging and sensitive issues as straightforward as possible.
Barcan+Kirby has also been recognised by the Law Society with their Lexcel accreditation reflecting the strength of our client services and we are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Court of Protection solicitors
Our Court of Protection services
Our Court of Protection solicitors specialise in:
- Appointing or applying to be a Deputy
- Ongoing support for Deputies
- Deprivation of Liberty
- Professional Deputy services
- Court of Protection disputes
- Statutory Wills and the Court of Protection
- Misuse or abuse of power
- Compensation trusts
Court of Protection applications to sell a property
If you are acting as a Property and Financial Affairs Deputy, you may have the authority to sell the home of the vulnerable person you are supporting if required. This depends on what is specified in the Deputyship Order.
It is fairly common for a Deputyship Order to require you to apply to the Court of Protection separately if you wish to sell the home of the subject of the Order.
You may also need to apply to the Court of Protection to sell a property you jointly own with someone who lacks mental capacity.
Our solicitors can help you apply to the Court of Protection to sell a property. We can ensure the application is carried out in the right way and all the appropriate information is included to help the process go ahead swiftly and smoothly.
When is a professional Court of Protection Deputy appropriate?
Using a solicitor or other trusted professional as a Court of Protection Deputy may be appropriate where there is nobody else who can fulfil the role or where there are particularly complex issues or assets that a layman might not reasonably be expected to deal with.
We can advise you on whether we think a professional Court of Protection Deputy may be appropriate. Our Court of Protection solicitors are also able to act as professional Deputies where required.
Court of Protection fees
For Court of Protection matters, the legal fees and expenses can usually be recovered from the assets of the person you are acting as Deputy for.
We provide fixed-fee legal services for straightforward Court of Protection issues, such as deputyship applications. This gives you complete certainty over the costs involved.
For more complex matters, we may agree an hourly rate and an estimate of the costs involved. In such cases, we will keep you regularly updated so you can keep control of the costs at all times.
We also have a contract to provide legal aid to eligible clients in some Court of Protection matters. These include:
- Deprivation of Liberty
- Court of Protection disputes
- Consent to marriage or enter into sexual relations
- An individual’s medical treatment
- A person’s physical care, well-being and safety
Eligibility for legal aid is subject to the relevant checks. Please contact a member of our team to see if your situation is covered by legal aid.
Court of Protection FAQs
The Court of Protection (CoP) is a specialist court set up to deal with the property and affairs, or the health and welfare, of people who have lost mental capacity. Loss of capacity may be caused by an illness, such as dementia, learning difficulties or because of a serious injury.
The COP can make decisions for those that have lost capacity or appoint a Deputy to make decisions for them.
Yes, an emergency application to the Court of Protection is possible. However the emergency process differs from a standard application, so speak to our COP solicitors in Bristol.
We’ll help you complete the right forms so they’re dealt with quickly by the court.
The costs of making a deputyship application and the court fee can usually be recovered from the assets of the person the order concerns. Legal aid is available in limited cases, or we offer a fixed fee package so you’ll know the cost of your legal advice from the start.
Our specialist Deputy solicitors will be happy to discuss your options and provide a no-obligation quote for our Court of Protection and deputyship fees. Contact us on 0117 325 2929 or complete our online enquiry form.
Sadly not. In this situation the only option is for you to apply to the Court of Protection. They can appoint a Deputy and can also consider whether to make a statutory Will for your relative.
The Court of Protection makes this decision based upon evidence supplied by professionals. This may include doctors, psychologists or other mental health professionals.
A Statutory Will is a Will made by the Court of Protection for someone who has lost mental capacity. The CoP will do this if the person cannot make a Will themselves.
An ‘advance decision’ is made by a person about the type of treatment they want, often at the end of their life. To make this decision, you must have mental capacity. If executed correctly, it’s binding on medical professionals and will ensure that your wishes about your end of life care are respected.
This is a specialist area of law which requires professional advice. If you’re considering making an advanced decision, speak to our experienced Will solicitors in Bristol for guidance.
Decisions by medical and social care professionals can be challenged, often without the need to go to court. If this isn’t possible you can apply to the Court of Protection to make a decision about what is best for the relative.
Sometimes a package of care or the arrangements for care can impose such restrictions on a person’s freedom that it can amount to them losing their liberty. This can arise in hospitals, care homes and – sometimes – even in a person’s own home. In these situations the authority is required to comply with the Deprivation of Liberty Safeguards, often referred to as ‘DoLS’.
The Court of Protection can decide to vary the arrangements for care or sanction the deprivation of liberty depending upon what it thinks is in the person’s best interests.
Speak to our Court of Protection lawyers in Bristol today
We support individuals and families across the UK with all aspects of Court of Protection deputyship from our six offices in Bristol and the surrounding area located in Bedminster, Bishopston, Clifton, Kingswood, Queen Square and Thornbury. We can also offer home visits to clients where appropriate.