Court of Protection Deputyships

The Court of Protection helps people who can’t make their own decisions due to a lack of mental capacity.

It makes decisions for them about their money, property, health, or welfare. If these decisions need to be made on an ongoing basis, the Court can appoint a deputy to make them. We can help you become appointed as a deputy, or act as a deputy ourselves.

Mental capacity is defined by someone's ability to make a decision. In order to have the capacity to make a decision, someone must be able to:

• Understand what the decision involves
• Remember information long enough to make a decision about it
• Use and weigh up the information to reach a decision
• Communicate about the decision.

If an adult can do all of these things, they have sufficient mental capacity to make a decision.

You might become a deputy if someone close to you – or someone in your care as a consultant or organisation – is no longer able to manage their own care, finances, or legal decisions.

Degenerative physical, and mental illnesses are just a few common factors. Other reasons might be a serious injury that’s left them incapacitated or in a coma. Or you might act as a deputy for someone with learning disabilities.

Yes. Laws around mental capacity, deprivation of liberty, health and social care provision, and Education, Health and Care Plans are very complex. Disputes can be intimidating – especially when you are going up against a public body to protect a vulnerable person.

We’re ranked number one in the country for Court of Protection welfare and medical treatment issues. We’re the UK’s largest specialist team in this field. We can:

• Challenge decisions about EHCPs in the First-tier Tribunal
• Advise on mental capacity issues and best interest decisions
• Represent you or your client in welfare applications to the Court of Protection
• Help you stay compliant with CoP guidance about your role as a deputy and any conflicts of interest
• Give statements about the likely future cost of public law support or welfare deputyships for people going through personal injury claims
• Act as an Accredited Legal Representative (ALR) for clients in the Court of Protection and provide the evidence for a court to appoint an ALR
• Advise on disputes with local authority social services and Integrated Care Systems (ISCs) about social care funding, NHS Continuing Healthcare funding, and EHCPs.

For advice about statutory Will disputes see our Wills disputes pages.