Private Client, Wills, Probate & Estate Administration

Court of Protection

The Court of Protection is a specialist court that deals with matters relating to those individuals who do not have the mental capacity to manage their affairs themselves. This could be because of an injury, the onset of illness or for other reasons.

Primarily, the Court of Protection deals with applications from those who wish to be appointed to act on behalf of an individual who cannot manage their own affairs by virtue of mental incapacity. The court would appoint an individual as ‘Deputy’ and there are two kinds:

  • Property & Financial Affairs: This type of Deputy would primarily deal with financial matters and matters relating to property
  • Health & Welfare: This type of Deputy would primarily deal with matters relating to the health and welfare of the person who is no longer able to make decisions for themselves

Anybody appointed as a Deputy must have regard to the Mental Capacity Act 2005 and must always act in the best interest of those they have been appointed for.

Our team of Court of Protection solicitors can advise on the application procedure to be appointed as Deputy for somebody else, as well as the ongoing requirements once a Deputy has been appointed and the options available to a Deputy once they have been appointed.

We can also act as a Professional Deputy for an individual who no longer has the mental capacity to manage his or her own affairs. We have previously acted on behalf of private clients including individuals, families, local authorities and charities in this respect.

Ormskirk Market