Court of Protection

What does a Court of Protection lawyer do?

We have a dedicated team of specialist Court of Protection lawyers who can advise on all aspects relating to COP proceedings, and can provide expert representation in court.

We support you if your family member of close friend can no longer make decisions for themselves, whether because of dementia or because they have suffered a serious injury, or if you are concerned about an individual you believe is no longer able to make wise decisions or who is embarking on transactions you think are not safe or financially sound.

Our supportive and expert legal team also acts for vulnerable adults or you, in relation, in COP proceedings and will advise on bringing a COP application or responding to one.

We also advise if you are a deputy or attorney who is no longer able to manage an individual’s affairs or if disputes arise about a loved one who lacks mental capacity.

What is a deputyship?

When an individual does not have a lasting power of attorney and no longer has the capacity to make wise decisions for themselves, the Court of Protection (COP) can appoint a deputy.

The Deputyship Order is a legally binding document that outlines who can make important financial and/or welfare decisions on behalf of an individual.

There are two types of deputy: one who is responsible for property and financial affairs and one who is responsible for personal welfare. The same deputy can undertake both roles.

If you are appointed a property and financial affairs deputy, you are tasked with looking after a person’s financial and physical assets, such as domestic bills, investments or pensions, while a personal welfare deputy manages medical decisions.

If you are appointed a deputy, you have to submit annual reports to the Office of the Public Guardian that outline any decisions you have made on the individual’s behalf.

Health and welfare

If you are appointed as deputy responsible for health and welfare, you will be the decision-maker for the vulnerable individual’s medical treatments, living arrangements and other welfare concerns.

The type of deputyship is also helpful if you are a family that needs to continue being the decision maker for a child when they turn 18, or if you believe you are not being consulted with about the health and wellbeing of your vulnerable loved one.

A health and welfare deputy can make a host of decisions about the vulnerable person, including: where the person should live and with whom; the type of treatment they should have and if consent / refusal for medical procedures should be put in place; what kind of care services should be put in place; what daily care should look like; and the type of activities they can be involved with.

It is important to note that anyone is who is appointed a deputy has to comply with the Mental Capacity Act (2005) when making any decisions about the vulnerable person. The deputy may have to consult with others to reach an agreement about what is in the person’s best interests.

Property and finance

If you are appointed a deputy for property and finance affairs, you will be responsible for paying domestic bills, including rent or mortgage, and will also likely to be asked to deal with other aspects of their financial needs.

This could be putting in place any financial structures to meet the needs of the vulnerable person in their care, including buying items, such as adaptations and equipment for their home or vehicle, on their behalf. It also extends to ensuring all necessary bills, including maintenance and insurance of their home and any care packages, are paid, and applying for the state benefits they are entitled to.