Court of Protection

The law regarding the Court of Protection is complex and is frequently filled with emotion and difficult choices.

When you need to take control of someone else’s affairs, to protect their best interests and safeguard their health and wellbeing, it is important to get help and advice from a specialist Court of Protection solicitor.

The law regarding the Court of Protection is complex and is frequently filled with emotion and difficult choices.

Our team of Court of Protection solicitors are experienced in helping clients navigate the  issues relating to managing the affairs of those who don’t have the capacity. This ensures their property and financial affairs, as well as issues surrounding their health and welfare are effectively managed.

Holly Chantler, a partner who leads our Private Client department, is a panel deputy for the Office of the Public Guardian and the Court of Protection.

What is the Court of Protection?

The Court of Protection is a specialist court which was created by the Mental Capacity Act 2005 and exists solely to make important decisions on behalf of people who lack capacity to make these decisions for themselves. Such decisions are often separated into matters concerning the person’s health and welfare and matters concerning the person’s property and financial affairs.

They are also responsible for deciding whether a person has capacity, and for appointing deputies to make ongoing decisions for an incapacitated individual.

When do you need a Court of Protection solicitor?

There are many circumstances when the Court of Protection is needed to help manage the affairs of an individual. These include:

  • When someone has lost or is losing capacity and has not made a Lasting Power of Attorney (LPA), the consequence of which is that you (or someone) needs to take control of their financial affairs and/or decisions around their health and welfare
  • You believe that that property, financial or healthcare decisions of someone who lacks capacity are not being managed honestly or effectively
  • You are already responsible for managing someone’s affairs, but do not wish to continue in this role
  • Someone is responsible for managing your affairs, but you do not agree with how they are being managed.

Please contact the Morrisons Solicitors Court of Protection team to discuss any of the issues above.

Morrisons Solicitors provided exceptional service - they went the extra mile for me. They acted throughout with exemplary efficiency and kindness.

Recent Private Client
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