Our Court of Protection Solicitors Promise
Our Court of Protection solicitors have you covered if you’re concerned about a loved one’s mental capacity.
Call or email now.
Looking for help from an expert Court of Protection solicitor?
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your contesting a will case with an experienced probate solicitor
- An outline of your legal position in contesting a will
- A clear fee-quote and time frame for your case
Advice on how to become a deputy
Starting the deputyship process
Contesting and challenging applications
Guidance through the process from start to finish
Commonly asked questions on the Court of Protection.
The Court of Protection protects people when they can no longer make decisions for themselves. However, making applications through the court can be lengthy and costly, especially if you make a mistake. Our Court of Protection solicitors in London and Brighton have answered some of the most commonly asked questions on the topic.
1. What does the Court of Protection do?
The Court of Protection intervenes and makes financial and welfare decisions on behalf of people who can’t make these decisions themselves.
This normally happens when:
- A person loses mental capacity and does not have lasting powers of attorney in place
- There are questions over whether someone has mental capacity
- It’s necessary to appoint a deputy to make decisions for someone who lacks mental capacity
- There are objections to a lasting power of attorney
- You need to make or alter the will of someone who lacks mental capacity
- Whether or not someone can be deprived of their liberty under the Mental Capacity Act
The court will always act in the best interests of the person who lacks mental capacity.
2. How do I make an application to the Court of Protection?
This will depend on the type of application you’re making. Due to the complexity of these applications, many people will opt to use a Court of Protection solicitor to assist them.
The type of application you make will depend on exactly what assistance you’re looking for from the Court of Protection. As with most court application forms, the full range of forms are available on gov.uk.
If you need assistance from a Court of Protection solicitor, please contact us on 020 3007 5500.
3. How long does an application to the Court of Protection take?
Again, this will depend entirely upon the application being made.
The two most common applications and their periods include:
- Applications for deputyship – 3 to 12 months
- Emergency deputyship applications – 24 hours or as soon as the court is able
Other applications depend primarily on the court’s availability.
4. How much does it cost to apply to the Court of Protection?
For the most common application to the Court of Protection for deputyship, our fees start from £2,000 plus VAT. This fee excludes disbursements and court application fees.
Please note that in some cases, the fees for applications to the Court of Protection can be paid out of the donor’s estate (the person being protected). This is provided that the fees are reasonable and subject to the court’s discretion.
As of 30 September 2021, the Court of Protection’s application fee is £371 for new applications.
5. Do you offer legal aid for Court of Protection matters?
We are currently unable to offer legal aid in any capacity for any matters. We can only accept Court of Protection matters which are privately funded.
Thinking about contesting a will? Our probate solicitors in London and Brighton can help.
Tell us about your case and we’ll get back to you the same day.
Meet our expert wills and probate team.
Elisabeth Squires
Head of Private Client
Darian Wielink
Paralegal
Why Britton and Time Solicitors?
The law surrounding contesting the Court of Protection is our speciality. Our Court of Protection solicitors have worked on various matters, which have given them an abundance of knowledge and experience in this area of law. When it comes to your specific case, we’ll always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning Court of Protection solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective when making an application so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. Our Court of Protection solicitors will inform you from the outset on how much your application will cost, and we will do everything in our power to keep costs down and within your original fee estimate.
Regular Communication.
With fortnightly updates on your case, you’ll never be left in the dark. Our Court of Protection solicitors in London and Brighton ensure you know exactly how far we are with your application and are with you every step of the way.
Our reviews.
It’s not about how good we think our services are; it’s about what you think.
Will to Win
There are three things that make Britton & Time, and in particular Paul, stand apart from other law firms: knowledge, communication and a will to win.
Rated excellent by over 95% of our clients.
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Other areas of wills and probate.
Contesting a Will
Court of Protection
Deputyship
Powers of Attorney
Probate
Trusts
Trust Registration
Wills
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Need legal advice on the Court of Protection?
Call, email or provide us with a few details of your matter, and we’ll be able to help you the same day.