Court of Protection

Providing assistance when a loved one can’t handle their own affairs.

Court of Protection solicitor

When someone lacks the capacity to make decisions in their own best interests it often comes down to a family member or close friend to assume responsibility. With the help of a Court of Protection solicitor, you can apply to the Court to become the person’s deputy and to protect their personal assets.

Applying for the Court of Protection can be a difficult task.

A lot of information has to be gathered together including details of the person’s assets and a medical report to confirm that the person lacks capacity to make the necessary decisions. We can help gather all of this information and submit it to the Court.

Many applications are for a family member to be appointed as Deputy to make a wide range of financial decisions on behalf of the person who lacks capacity on a day to day basis. This is often required if a Lasting Power of Attorney is not in place. 

Sometimes there are “one off” decisions which an Attorney or Deputy are not authorised to make. Applications about specific issues still require detailed information to be submitted and have to be carefully prepared to give the Court the relevant information to make the decision in the person’s best interests. Specific issues can include permission to sell or buy property, making changes to the person’s will, making gifts, changing investments or replacing them as trustees (even as co-owner of their own home).

Our Court of Protection Services.

The Court of Protection was put in place to safeguard the interests of those who cannot look after their own affairs. We can help when it comes to:

Submitting a deputyship application

Making an application for specific issues such as writing a statutory will or gift-giving

Arranging assessments to determine mental capacity

Making an application to remove an incapacitated trustee from their position

Application to the Court

Having a court of protection solicitor by your side will make the application to the Court much easier, which is why you need to find a legal representative who will provide you with the straightforward advice that you can follow.

The team at Glaisyers take the time to explain how special applications can be made to the court and how to best approach these issues. Our solicitors will deal with all stages of the application including gathering the information required for your application, arrange any medical or specialist reports necessary, serve notice of the application to anyone who would be affected by the decision and submit any witness statements or other details the Court requires.

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