Court of Protection Solicitors.

Our Court of Protection solicitors have you covered if you’re concerned about a loved one’s mental capacity.

An introduction to our court of protection services

When loved ones lose the capacity to make decisions for themselves, navigating legal protection can feel overwhelming. We provide sensitive and expert guidance through Court of Protection proceedings, protecting the vulnerable while ensuring their best interests are always at the forefront.

  • Advice on how to become a deputy
  • Starting the deputyship process
  • Contesting and challenging applications
  • Guidance through the process from start to finish
Elisabeth Squires
Director

FAQs

Commonly asked questions on court of protection law.

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.

The Court of Protection’s application fee is £408 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.

Meet our expert court of protection team.

Need legal advice now from a solicitor in London or Brighton?

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 matter with a solicitor.
  • An outline of your legal position and available options.
  • A clear time and fee estimate for your case.

How can we help?

Untitled

Why Choose Our Solicitors in London and Brighton?

Full Billing Transparency

No fee surprises. Ever. Our solicitors in London and Brighton will inform you from the outset how much your case will cost and we will do everything in our power to keep costs down and within your original fee estimate.

Award-Winning Service

You are our priority and law is our speciality. Our award-winning solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.

Regular Communication

With fortnightly updates on your case, you’ll never be left in the dark. Our solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.

Our Perspectives.

Established in 2020 in Brighton and Hove, we’re one of the newest and fastest-growing law firms in the South East. Our award-winning team have enabled us to grow to two locations; our head office in Hove, East Sussex, and our Mayfair office in London’s West End.

View All Insights

Our Perspectives.

View All Insights

What we do

More Employment Law Services

What our clients are saying…