Court of Protection
The Court of Protection helps with people who might be lacking the mental capacity to manage affairs or make their own decisions. It can appoint someone to help.
Applications to the Court of Protection
It is sometimes necessary to apply to the Court of Protection for an Order relating to someone’s affairs when that person is unable to manage these for themselves. You will be required to submit a few forms and likely provide a doctor’s certificate.
The court will then be able to give the power to make decisions to someone who can manage their affairs and make decisions relating to issues around finance and health – usually a relative or close friend. They will become the ‘Deputy’.
We specialise in Court of Protection applications and our solicitors would be happy to complete the paperwork for you to ensure it is fully compliant.
What is the difference between Court of Protection and Lasting Power of Attorney?
Lasting powers of attorney (LPA) can be made at anytime, assuming you are of sound mental capacity, this is when you can choose who will manage your property, financial affairs and welfare when the time comes.
If someone has lost their mental capacity and they don’t have a Lasting Power of Attorney in place, an application will need to be made to the Court of Protection to appoint someone to act as a ‘deputy’. If successful they will receive an order telling them what they can and can’t do.
Request a video call, phone call or a meeting in person with one of our court of protection experts...
Our Private Wealth Team
- All departments
- Agricultural Law
- Co Co - Recovery & Insolvency
- Co Co Corporate Governance
- Co Co Corporate lending
- Co Co Financial Services
- Co Co Franchising
- Co Co GDPR
- Co Co in-house legal support
- Co Co International Contracts
- Co Co M&A's
- Co Co MBOs & MBIs
- Co Co Partnership and LLPs
- Co Co Regulatory, Compliance & Competition
- Co Co Shareholders Agreements
- Co Co Terms and Conditions
- Co Co- Intellectual Property
- CoCo - Banking and Finance
- CoCo - New Businsess
- CoCo Competition Law
- CoCo Consumer Law
- CoCo Data Protection - Marketing
- CoCo Data, IT & Technology
- Commercial Law
- Commercial Property
- Corporate & Commercial
- Corporate Law
- Debt Recovery
- Dispute Resolution
- Disputes - Business
- Disputes - Declarations of trust
- Disputes - Probate and inheritance
- Disputes - Professional negligence
- Disputes - Restrictive Covenants
- Disputes - Shareholders & Partnership
- Disputes - Tenants in Residential Property
- Disputes - Wills, trusts & probate disputes
- Disputes and Small Claims
- Disputes Construction
- Disputes with Co-owners
- Employee - Termination
- Employee Share Schemes
- Employer - Termination
- Employment - Business protection
- Employment - Collective consultations
- Employment - Contracts, services, consultancy
- Employment - Employee benefits
- Employment - Employee Procedures
- Employment - Equality, discrimination and harassment
- Employment - Family Friendly Rights
- Employment - GDPR and Data Protection
- Employment - Post employment obligations
- Employment - Redundancy & Reorganisation
- Employment - Settlement Agreements
- Employment - Tribunal Claims
- Employment - TUPE
- Employment - Wages, holiday and sick pay
- Employment - Workers rights
- Employment Tribunal claims
- Estate Administration
- Expat Legal Services
- Family Law
- Financial Services
- Help to Buy
- Immigration law
- International Legal Services
- Key Property Contacts
- Land and Property Disputes
- Land, development and construction
- Lasting Powers of Attorney
- Licensing Law
- Money, Tax and Inheritance
- New Build Conveyancing
- Private Wealth and Inheritance
- Professional Negligence
- Property Finance
- Property Law
- Residential Property
- Residential Property - Completions
- Residential Property - Shared Ownership
- Wills, Trusts & Probate
Charitable Trustees should seek to maximise the return on their investments; except where the investment is in explicit conflict with the Charity’s purposes.
By having a Lasting Power of Attorney (LPA) in place, it allows you to appoint one or two close friends or relatives to make decisions.
The lack of a central registry means that without having direct access to the virtual wallet valuing and indeed paying any tax due becomes impossible.
Award winning legal advice
We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2022 by Legal 500 and Alistair McArthur is ranked in Chambers 2021.