Court Of Protection Solicitors

When caring for family members and loved ones, their best interests should be put first. In some cases, your loved ones may no longer have the mental capacity to make important decisions about their own welfare or finances. If you need help protecting the best interests of a vulnerable loved one, our Court of Protection solicitors can help.

We offer a comprehensive service in dealing with Court of Protection issues. Contact us today to discuss your situation in a free initial consultation.

Our solicitors have more than 20 years’ experience working with vulnerable clients and their loved ones. We’re true experts in how the Court of Protection works and we know how to make sure you or your loved one’s best interests are protected.

What is the Court of Protection?

The Court of Protection makes welfare or financial decisions on behalf of people who don’t have the mental capacity to make those decisions themselves. The Court can also decide whether a person lacks mental capacity.

The Court helps to make sure that people who lack capacity can’t be exploited or denied their rights. To do this, the Court appoints someone who’s been approved to look after the affairs of the vulnerable individual (known as a “deputy”). The deputy’s role is to make the decisions that need to be made on a vulnerable person’s behalf, in their best interests.

Why choose our Court of Protection solicitors?

The Legal 500, a leading independent legal guide, ranks us as a top tier firm for Court of Protection cases. A client testimonial featured on their site says: “A real family feel which is so needed and appreciated. I find them caring, supportive, and empathic. They work as a really collaborative and fun empowering team. I am so grateful for their passion to get my son what he needs.”

Another leading guide, Chambers and Partners, has ranked our Court of Protection team in their highest tier for more than a decade. They state: “The team have a great understanding of the issues faced by clients, and they manage expectations on all sides with empathy.”

You can be sure that our fees and rates are always fair because they’re set and assessed by the Court of Protection. Depending on your circumstances, legal aid may also be available for disputes about a vulnerable person’s health and welfare.

We’re members of several professional bodies, with several of our lawyers being on the committee of the Court of Protection Practitioners Association (CoPPA). Several of our solicitors are Accredited Legal Representatives in the Court of Protection under the Law Society for welfare matters. Some of our solicitors are also members of the Professional Deputies Forum.

We’re also members of the Court of Protection Court Users Group. These memberships give us extra insight into the Court of Protection and surrounding issues.

We leave out the legal jargon and give you advice in plain English. We’ll keep you updated throughout the process and act on your instructions.

Our offices are located across the UK. This means you can visit us at a location that’s most convenient for you. We’ll always work in a way that’s best for you, so if you prefer, we can arrange to meet you at an appropriate alternative location. There’s also the option to communicate through phone, email, or video call.

Leading team of experienced and knowledgeable lawyers

National coverage throughout the UK

Variety of funding options available

Members of multiple professional bodies

0370 1500 100

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Lucy Nicol National Head of Court of Protection Meet the team

More information on the Court Of Protection

Our specialist Court of Protection lawyers can help with:

Lay deputy applications – A lay deputy is usually a friend or family member who is appointed by the Court to make decisions in the best interests of their loved one.
Acting as professional deputy – A professional deputy is usually a lawyer or other professional who is appointed by the Court to make complex financial and welfare decisions in the best interests of their client. At Irwin Mitchell, we can apply to the Court for Irwin Mitchell Trust Corporation Limited to be the deputy.
Health and welfare – If you’re in a welfare dispute around issues such as care, residence, contact, sexual relations, or serious medical treatment, we can represent you in these cases.
Statutory Will applications – A Statutory Will is made and approved by the Court on behalf of a person who lacks capacity to make their own Will. When this person passes away, their Statutory Will is treated the same way as a regular Will.
Gift applications – If you’d like to give a gift on behalf of someone who lacks capacity to make that decision themselves, you must apply to do this through the Court of Protection. The application can be complicated, depending on the type of gift being made or the circumstances of the person the decision is being made for.
Contested Court of Protection Applications – Sometimes you may not be happy with the Deputy or Attorney who makes decisions on behalf of your loved one. In these cases, you can make an application to remove a Deputy or Attorney if you’ve reason to believe they’re abusing their authority.
Personal Injury Trusts – After making a personal injury compensation claim, a Personal Injury Trust is a legal arrangement that allows you to hold and manage your funds from your compensation. These are usually managed by two trustees who’ll make decisions together on behalf of the injured person. We can provide advice in relation to setting up a Trust, and we can also act as a Professional Trustee.
Deprivation of Liberty Safeguards – In order to provide care and treatment for certain vulnerable people, hospitals and care homes can legally restrict the freedoms, as long as they follow the Deprivation of Liberty Safeguards. If you believe these restrictions are unfair, our solicitors can help you challenge them.
Emergency Court of Protection applications – We can help you make emergency applications to the Court if there’s a decision that must be made urgently on a vulnerable person’s behalf.

Lucy and the Court of Protection team have provided me with so much peace of mind for the future and their support has been invaluable. She’s become a real family friend and it was brilliant to invite her to our wedding. She is that important to us all.”

Adam, Our Client

We Helped A Man Manage His Affairs After His Childhood Brain Injury Left Him With Mental Difficulties

“Adam is a lovely man who’s never let his childhood accident stop him from getting the most out of life. He’s embraced all the help and support on offer from our Court of Protection team and we’ve built a life-long friendship with him."
Lucy Nicol, Partner

“Having Lucy as my deputy and onboard in my team has really helped me and my family have that peace of mind. She’s even become so much part of the family now that she even came to my wedding.”
Adam, Our Client

Frequently Asked Questions

Can you apply to the Court of Protection without a solicitor?

You don’t need a solicitor to apply to the Court of Protection. However, the application process is a long and complicated one, which is why we strongly suggest you speak to us before applying.

Having a legal expert to help you negotiate the application process will make it swifter, smoother, and give you a better chance of your application being approved.

If you need to go to court because someone contests your application, having an experienced Court of Protection solicitor to represent you can be invaluable. You’ll have a much better chance of the application being approved.

Is Court of Protection the same as a Lasting Power of Attorney?

A deputy in the Court of Protection has the same authority as an attorney under a Lasting Power of Attorney. However, a deputy is more restricted.

Someone can appoint an attorney to act for them if they lose mental capacity in the future or if they need future support. They can choose who the attorney(s) should be and specify what powers the attorney should have.

If someone loses the capacity to make their own decisions without having a Lasting Power of Attorney in place, the Court of Protection may appoint a deputy to manage their financial affairs or make welfare decisions and act in their best interest.

If you still have the capacity to make a Lasting Power of Attorney, we’d encourage you to do so as the process is much easier and quicker. You can choose your own attorney and you won’t need to apply to the Court of Protection to do so. This can save a lot of time and money in the long run.

Can you get legal aid for Court of Protection?

You may be able to get legal aid if your claim is disputing a vulnerable person’s health and welfare.

Contact us to discuss your situation and we’ll be able to tell you whether you’re entitled to legal aid. If legal aid isn’t possible in your case, we can advise you on other funding options available to you.

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