When someone is unable to make important decisions about their finances, property, or welfare due to a lack of mental capacity, the Court of Protection steps in to help. It ensures that vulnerable people are protected, and that their affairs are managed in their best interests.

At Pryers Solicitors, we specialise in Court of Protection services, so here’s a straightforward guide to what it is, when it’s needed, and how the process works.

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales that makes decisions for people who lack the mental capacity to do so themselves. This can be due to a variety of factors and circumstances, including:

• Learning difficulties
• A brain injury or illness
• Dementia or Alzheimer's
• Severe mental health conditions

If a case is brought to the Court of Protection, the court has the authority to make decisions, including:

• Deciding whether someone has the mental capacity to make their own decisions.
• Appointing someone to make ongoing decisions for a vulnerable person (this is known as a deputyship).
• Granting permissions for certain financial transactions (this could include selling a home or accessing trust funds).
• Resolving disputes between families, carers or professionals about what is in the person's best interests. This can include removing deputies or attorneys if they are not acting in the best interests of the vulnerable person.
• Deciding on the validity of a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA).

When might you need the Court of Protection?

You may need the help of the Court of Protection for a variety of situations, including:

• Someone you care for has a condition or suffered an injury that has limited their mental capacity or ability to manage their affairs.
• If you're concerned about someone's ability to handle their own affairs.
• You are worried about looking after yourself and want someone else to manage things for you.
• You are concerned that someone else's affairs are being mismanaged.
• There is a dispute or lack of clarity on how someone's affairs are being managed.
• You are concerned about a person accessing savings, trust funds, or compensation settlements as they do not have the mental capacity to manage these finances.

If no Lasting Power of Attorney (LPA) was put in place before capacity was lost, the Court of Protection becomes a way to obtain legal authority.

How does the Court of Protection work?

The Court of Protection can feel daunting at first, so it's important to speak to specialist Court of Protection solicitors who will help you understand everything.

At Pryers Solicitors, our highly-skilled team will break down the process and translate the legal jargon into plain English so you know what's happening, what we advise and what's next.

Typically, the process will involve speaking with a solicitor to understand your individual needs, and advise you on the next steps, which could include:

1. Application - An application is made to the Court of Protection, usually by a family member, carer or solicitor, requesting permission to act on behalf of the person.
2. Assessment of capacity - The court will consider all medical evidence provided about whether the individual has the mental capacity to make the decision in question.
3. Appointment of the deputy - If the person has been declared unfit to make these decisions, the court may appoint a deputy. This could be a family member, or professional deputy (such as your solicitor) to handle the vulnerable person's property, finances and affairs.
4. Ongoing oversight - Deputies will then have to follow strictly rules, keep all financial record and act in the person's best interests. The Office of the Public Guardian supervises them to ensure accountability.

How long does it take?

The process can take several months, depending on the complexity of the case and whether there are any objections. However, for urgent decisions, the Court of Protection can act more quickly through an emergency application.

Why would I need a solicitor for Court of Protection matters?

When making an application to the Court of Protection, the process can be overwhelming. There are many forms, deadlines and strict requirements to follow, and often matters can be urgent. A specialist solicitor with years of experience in the area can help make applications quickly and efficiently, meeting accurate and necessary requirements.

A solicitor can also represent you in hearings, if needed, which can support your case, and provide guidance and reassurance at every step.

At Pryers Solicitors, our team have worked for many years within the Court of Protection, and are experienced in acting as professional deputies. We are experts in the complexities of Court of Protection because it’s all we do, and it means we can guide you in protecting someone vulnerable.

Get expert help

If you're dealing with the Court of Protection, or think you may need to apply, our team is here to help. We'll explain your options simply, and ensure your loved one's best interests are always put first.

Our office is located in York , but we are a nationwide service and can help wherever you are. We’ll work in a way that’s best for you, so if you prefer, we can meet face-to-face, on video calls such as Teams, Zoom or FaceTime or by phone.

Contact Pryers Solciitors today to speak to one of our Court of Protection specialists by filling out the form below.