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Court of Protection and Deputyship

Protection is a specialist court in England and Wales that acts in the best interests of people who lack the mental capacity to make decisions about their affairs.

Someone may lack capacity for different reasons, for example, because they are living with Alzheimer’s disease or dementia, have a learning disability, have suffered a stroke, or are suffering from a physical or mental illness.

If you lose capacity and do not have a Lasting Power of Attorney, it is too late to sign up for one then.

 

Court of Protection Application Form Solicitors

Although many people believe that their loved ones automatically have control over their affairs and can access their finances, this is not the case.

Instead, they must apply to the Court of Protection to become a Deputy. Being appointed as a Deputy enables them to make decisions on a loved one’s behalf about issues relating to their health and welfare and/or property and financial affairs.

Typically, a Deputy would be a family member or close friend. However, you can also appoint a professional person, such as a solicitor.

Applying to the Court of Protection is often intrusive, costly and time-consuming, adding extra stress at an already difficult time. It also means that you do not get any say on who is appointed to manage your affairs.

At Larcomes, our friendly and professional Deputyship lawyers have extensive experience helping people make applications to the Court of Protection and will guide you through the process involved.

If you need help looking after the interests of a vulnerable loved one, our experienced Court of Protection solicitors can help.

To speak to one of our Court of Protection lawyers in Portsmouth, Waterlooville and Fareham, please call 023 9244 8100 or make an online enquiry.

Our Fees

At Larcomes, we believe in being open and transparent about our fees.

We charge £1,204 + VAT (£1,448) for a standard Deputyship application to the Court of Protection together with an additional court fee of £408 (fees correct as of January 2025). For a free, no-obligation quote, please complete our Deputyship Questionnaire

A solicitor will discuss the likely charges with you at the outset of any enquiry.

More information about our fees and disbursements can be found by clicking here.

 

Court of Protection Legal Services

If a loved one is no longer able to make decisions for themselves about their finances and they have not signed a Lasting Power of Attorney, Larcomes can help.

Our specialist Deputyship solicitors offer sensitive and constructive legal advice on all matters to do with the Court of Protection, including:

  • Assisting with the mental capacity assessment process.
  • Deputyship applications to the Court of Protection.
  • Acting as a professional Deputy.
  • Advising and supporting Deputies in their role and responsibilities.
  • Statutory Wills.

 

Court of Protection Solicitors Near Me

Our skilled Deputyship solicitors in Portsmouth and Waterlooville can advise individuals and families on all legal issues relating to the Court of Protection and the law surrounding the Mental Capacity Act 2005.

We will work for you and your family to find the right solution tailored to your situation.

You can find out more about our team by clicking on the link below:

To speak with one of our Court of Protection team please give us a call on 023 9244 8100 or make an online enquiry.

Frequently Asked Questions

The Court of Protection is a court that deals with decisions under the Mental Capacity Act 2005. Somebody would need to apply to the Court of Protection if a decision needs to be made regarding someone's finances or health, and they have not previously executed a Lasting Power of Attorney, or they no longer have the capacity to enter into such document. Registration with the Court of Protection can take up to twelve months.

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