Court of Protection Solicitors

If a family member no longer has the capacity to make important decisions for themselves, this can be a distressing time for the entire family. Often, it is necessary for a Court of Protection deputyship to be put in place. This ensures that decisions on your loved one’s finances, living arrangements and care can be made on their behalf and in their best interests.  

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Court of Protection Solicitors in Leeds & Yorkshire

Deciding on what is in a person’s best interests can be complex, and often leads to disagreements between family members and professionals. In these cases, a Court of Protection solicitor can be invaluable.  

Our solicitors are experienced in all areas of Court of Protection law. We understand that your situation is unique, and will take the time to understand your case so we can provide practical, expert advice. 

We offer our services at your convenience either in-person, over the phone, via email and through the post, so you can benefit from our court of protection services no matter where you live. 

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What is the Court of Protection?

The Court of Protection deals with matters where a person lacks the mental capacity to make their own decisions. It is a specialist court safeguarding the rights of those who have been medically assessed to lack capacity to make a particular decision themselves.

Most applications to the Court are for Deputyship and are uncontroversial. A Deputy is a person who handles the affairs of another who does not have capacity. The Court usually appoints the applicant who is usually a member of the family of the person lacking capacity. This appointment authorises the Deputy to make decisions about property and financial affairs and/or personal welfare on behalf of the individual.  Such decisions must be made in that person’s best interests and the principles of the Mental Capacity Act 2005 must be followed .

Some Deputyship applications are contested. The Court also deals with other contested matters relating to the affairs of those who does not have capacity. If a matter is contested the Court will consider all the evidence put before it by the parties involved – this may sometimes include independent evidence – before reaching a decision based on what is in that person’s best interests.  This may involve appointing an independent Deputy to look after the affairs of the person concerned if no family member or applicant is suitable.

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Court of protection lawyers in Leeds

What is the difference between a Court of Protection Deputyship and Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document you can create that gives someone else the power to manage your affairs should you lose capacity in the future. It is a precautionary step you can take on your own behalf, and gives you more control over your future care and finances if you are no longer able to make decisions yourself. A Lasting Power of Attorney can also save your family members and loved ones a great deal of time, stress and money in the long-run.  

A Court of Protection deputyship is something you must apply for to manage the affairs of someone who already lacks capacity. It is a protective measure you can apply for on someone else’s behalf, and often requires the support and advice of a specialised solicitor.  

Types of Court of Protection Deputies

There are two types of Court of Protection deputyship you can apply for, or have a solicitor act as: 

1) Property and Financial Affairs Deputyship

Property and financial affairs deputies can manage issues such as income (including state benefits); cash assets (such as savings); investments; property management, purchase and sales; and the payment of bills (such as for the person’s care).  

2) Personal Welfare Deputyship

Personal welfare deputies are able to make decisions regarding someone’s medical treatment, where they will live, who can have contact with them, and ensuring all of their care needs are met. This role can also involve complex ethical issues that many deputies may find stressful, upsetting and difficult. Orders for Personal Welfare Deputyship are very rarely made. 

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What are the advantages to using a professional Court of Protection Deputy?

Being a deputy can be complicated, stressful and emotionally challenging. Many people prefer to have a solicitor act as a professional deputy for their loved ones instead of taking this responsibility on themselves.  

By appointing a solicitor as a professional deputy, many find they have more time to focus on offering emotional and other support to their loved one, whilst also benefiting from a qualified solicitor’s legal expertise.  

Why Morrish Solicitors?

Our friendly wills and estates lawyers have years of experience dealing in wills, probate, care home fees and other related services. Whatever your age and circumstances, we can help you review your plans for later life.  

Our head of Wills and Estates, Tom Morrish, is an accredited member of Solicitors For The Elderly, a national association of independent lawyers who specialise in legal services for older and vulnerable people, so you can be sure you are in the best of hands. 

We’re always on your side

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solution to support your family’s wellbeing.  

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.  

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.  

Want more information? Speak to our Wills and Estates team today. 

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Why our clients choose Morrish Solicitors

Excellent service from Tom Morrish

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Meet the Wills and Estates Team

Tom Morrish

Senior Partner & Head of Wills & Estates

Emma Garfitt

Partner, Wills & Estates

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Paralegal Specialist, Wills & Estates

Jamie Jaskolka

Graduate solicitor apprentice