fbpx

 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 specialist 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.

Quick links

Sign up

Enter your email address for legal updates on Private Client & Family Law.

Please see our privacy policy regarding use of your data.


Contact us

    Mental Capacity and the Decisions made by The Court of Protection

    When a person loses their mental capacity, their families – already facing difficulties following the loss of capacity itself – are often presented with a sudden need to make decisions on their loved one’s behalf.

    Latest news & insights

    Private Client Team

    • All departments
    • Agricultural Law
    • Banking and Finance
    • Brexit
    • Business Disputes
    • Commercial Law
    • Commercial Property
    • Competition Law
    • Construction
    • Construction disputes
    • Consumer Law
    • Corporate - MBOs & MBIs
    • Corporate Governance
    • Corporate Law
    • Corporate lending
    • Data, IT & Technology
    • Debt Recovery
    • 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 with Co-owners
    • Divorce
    • Employee - Termination
    • Employer - Termination
    • Employment
    • 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
    • GDPR
    • Help to Buy
    • Immigration law
    • Intellectual Property
    • International Legal Services
    • Key Property Contacts
    • Land and Property Disputes
    • Land, development and construction
    • Lasting Powers of Attorney
    • Leasehold
    • Licensing Law
    • Money, Tax and Inheritance
    • New Build Conveyancing
    • New Businsess
    • Property Finance
    • Property Law
    • Recovery & Insolvency
    • Regulatory, Compliance & Competition
    • Residential Property
    • Residential Property - Completions
    • Residential Property - Shared Ownership
    • Wills, Trusts and Probate

    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 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

    undefined
    undefined

    Contact Us

      The information you submit will be handled in accordance with our privacy policy.

      London

      60 St Martins Lane, Covent Garden, London, WC2N 4JS 

      +44 (0) 203 755 0557

       

      Camberley

      Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey. GU15 3YL

      +44 (0)1276 686 222

       

      Wokingham

      Opening Soon

      +44 (0)118 977 4045

      info@herrington-carmichael.com

      © 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

      Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

      Privacy   |   Terms and Conditions   |   Cookies   |   Client Feedback