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When a loved one lacks mental capacity to make decisions about their finances, healthcare, or welfare, we understand that navigating the legal landscape can be challenging.

At Fisher Jones Greenwood, our dedicated Court of Protection solicitors provide compassionate guidance and practical solutions to protect vulnerable individuals and support their families through difficult circumstances.

Fisher Jones Greenwood has offices across Essex, Suffolk and London, giving us a breadth of local knowledge to help clients like you. To discuss a Court of Protection case, call us on 0845 543 5700 or complete our online enquiry form.

What is Court of Protection?

The Court of Protection acts in England and Wales and specialises in making decisions and appointing deputies for individuals who can no longer make decisions for themselves. This can include decisions about their health, finances and Wills.

Who tends to use the Court of Protection?

Typically, Court of protection cases arise when a loved one can no longer make decisions for themselves, such as managing their own affairs. In these cases, the individual does not have a Lasting Power of Attorney either. Therefore, the Court of Protection may be used by someone who:

  • Is supporting a parent or relative who has a degenerative illness that affects their life, such as dementia.
  • Is looking after a loved one who has suffered a brain injury or has learning disabilities that affect their capacity to make their own decisions.
  • Is looking to be appointed to stand in to make decisions on a loved one’s finances, health and other important decisions.
  • Is involved in disputes with other family members who may disagree about how an individual’s decisions are made in their best interests.

Our services

Our Court of Protection solicitors can act on your behalf to help solve matters and disputes relating to your loved one, helping you to manage their finances, wealth, assets and more. Some of the services we offer include:

  • Assisting with the application process to become a deputy, enabling you to make decisions on behalf of a loved one who lacks capacity.
  • Lasting Power of Attorney (LPA). We’ll advise on how to set up an LPA before the individual has lost capacity.
  • Health and welfare decisions. Providing guidance on making decisions related to medical treatment, care arrangements and living situations for those who lack capacity.
  • Statutory Wills. Assisting with the preparation and approval of statutory Wills for individuals who lack the capacity to make their own Will.

Our team is dedicated to ensuring that the rights and best interests of vulnerable individuals are protected. We work closely with families, carers and other professionals to provide comprehensive and supportive services.

Our approach

At Fisher Jones Greenwood, we understand that every situation involving mental capacity issues is unique and everyone needs different support.

Our Court of Protection solicitors take time to understand your specific circumstances, explaining complex legal matters in clear, straightforward language and developing tailored solutions that:

  • Protect vulnerable individuals’ rights and interests.
  • Respect their wishes, feelings, beliefs, and values.
  • Provide families with practical support and peace of mind.
  • Ensure compliance with legal requirements and best practices.
  • Address immediate needs while planning for the future.

Why choose Fisher Jones Greenwood

Our team of Court of Protection solicitors has extensive experience in handling cases of different complexities. We stay up to date with the latest legal developments to provide you with the most suitable advice and representation.

We understand that dealing with Court of Protection issues can be emotionally challenging. Our solicitors are committed to providing compassionate and empathetic support to help you navigate these difficult times.

We’ll take the time to understand your specific needs and circumstances. Our tailored approach ensures that you receive the most appropriate and effective legal solutions.

We also believe in clear and open communication. Our solicitors will keep you informed at every stage of the process, ensuring that you understand your options and the progress of your case.

National scale, proven expertise

Fisher Jones Greenwood is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold seven Legal 500 rankings nationally, including three Tier 1.

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Contact A Solicitor Today

We have offices across Essex, Suffolk and London, so if you’d like to discuss your Court of Protection matters with our team, call us on 0845 543 5700 or fill in our online enquiry form and someone will be in touch. 

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Court of Protection Solicitors – Frequently Asked Questions

What does the Court of Protection do?

The Court of Protection is responsible for:

  • Deciding whether someone has the mental capacity to make a particular decision.
  • Appointing deputies to make ongoing decisions for people who lack mental capacity.
  • Making decisions about a person’s property, financial affairs, health, and welfare when there is disagreement about what is in their best interests.

What is a deputyship?

A deputyship is a legal arrangement where a person is appointed by the Court of Protection to make decisions on behalf of someone who lacks the capacity to do so themselves. Deputies can be appointed to manage financial affairs, health, and welfare decisions.

What happens if there’s a dispute about a deputyship application?

If there is a dispute about a deputyship application, the Court of Protection will review the evidence and make a decision based on the best interests of the person who lacks capacity. The court may appoint a deputy or make alternative arrangements to ensure the person’s needs are met.

Can I challenge a decision made by the Court of Protection and if so, how?

If you disagree with a decision made by the Court of Protection, you can appeal the decision. The appeal process involves submitting an application to the court, outlining the grounds for the appeal and providing evidence to support your case.

How long does a Court of Protection matter usually take?

The timeframe for the completion of a Court of Protection matter is based on the case. For example, some cases like deputyship applications and creating statutory Wills may take longer than registering a Lasting Power of Attorney. Every case is different and the Court will review each case and any qualifying evidence efficiently and thoroughly. Your Court of Protection solicitor will be able to provide more information on time frames.

 

 

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If you would like any further information, please contact us on 01206 835 315 or complete our online enquiry form.

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