Court of Protection

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Experienced Court of Protection solicitors ready to help your loved ones

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What is the Court of Protection?

The Court of Protection is a vital legal institution in the United Kingdom, established under the Mental Capacity Act 2005. Its primary role is to make decisions and appoint deputies for individuals who lack the mental capacity to make significant decisions on their own. These decisions often involve matters related to finances, property, healthcare, or welfare. The court aims to ensure that vulnerable individuals are protected and their best interests are safeguarded.

When someone is unable to make decisions due to a severe illness, injury, or disability that impairs their mental capacity, the Court of Protection becomes necessary. It may also be involved in cases where there is a dispute over the capacity of an individual to make decisions or when there is no appropriate power of attorney in place.

When might I have to deal with the Court of Protection?

You may find yourself needing to deal with the Court of Protection when a family member or loved one becomes mentally incapacitated and lacks the ability to manage their own affairs. In such situations, you may have to take on the responsibility of acting as a deputy for the individual, seeking the court's approval for specific decisions, or resolving disputes related to their well-being and assets.

Typical scenarios that may require Court of Protection involvement include:

  • Healthcare Decisions: When medical treatments or interventions need to be decided for a person who cannot provide informed consent themselves.
  • Financial Matters: To manage the property, finances, and assets of someone who is mentally incapable of handling their affairs, ensuring they are used in their best interests.
  • Welfare Issues: When decisions regarding living arrangements or day-to-day care need to be made on behalf of the incapacitated person.
  • Lasting Power of Attorney: If no valid Lasting Power of Attorney (LPA) was established before the person lost capacity, you may need to apply for deputyship to act on their behalf.

How can PM Law help with the Court of Protection

Navigating the Court of Protection process can be complex, emotionally challenging, and time-consuming. That's where PM Law's team of experienced Court of Protection solicitors steps in to assist you every step of the way.

Our empathetic and dedicated solicitors understand the sensitive nature of these cases and the importance of acting in the best interests of the vulnerable individual. We are well-versed in all aspects of the Mental Capacity Act and the Court of Protection procedures, enabling us to provide you with comprehensive legal support tailored to your unique circumstances.

PM Law can help you in the following ways:

  1. Deputyship Applications: We will guide you through the process of applying to become a deputy, helping you understand your responsibilities and duties.
  2. Court Representation: Our skilled solicitors will represent you in court, presenting your case professionally and persuasively.
  3. Decision-making Guidance: We offer expert advice on making decisions in the best interests of the incapacitated person, ensuring compliance with legal obligations.
  4. Dispute Resolution: If disputes arise concerning the individual's welfare or finances, we work diligently to find amicable solutions.
  5. Ongoing Support: Our commitment doesn't end with the court order. We provide ongoing support to deputies, helping them fulfill their duties effectively.

When facing Court of Protection matters, you can rely on PM Law's expertise and compassion to ensure that your loved one's well-being and assets are protected. Contact us today to discuss your needs and let us provide the legal guidance and support you require during these challenging times.

Get in touch to discuss the Court of Protection with PM Law's solicitors

At PM Law in Sheffield, we strive to offer clear legal advice in regards to the Court of Protection. If you need support with this, or anything else, get in touch with us straightaway by calling 03300 562183 for an initial discussion.

Court of Protection FAQs

Didn’t find the answers you were looking for? Look at the FAQs below for more information on the Court of Protection.

To become a deputy, you need to apply to the Court of Protection. This involves providing relevant information and demonstrating that you can act responsibly and in the best interests of the individual. Our solicitors can guide you through the application process. 

A deputy's powers are granted by the Court of Protection and depend on the specific order. These can include managing finances, making healthcare decisions, and handling property matters, among others.

Yes, you can challenge decisions made by the Court of Protection if you believe they are not in the interests of the person lacking capacity if there are legal errors. Our solicitors can assist in presenting your case effectively. 

A Court of Protection solicitor provides legal advice and representation in matters related to mental capacity law. They assist with deputyship applications, court proceedings, and ensuring the individual's best interests are protected.

The Court of Protection makes decisions and appoints deputies, while the OPG supervises deputies, provides support, and handles the registration of Lasting Powers of Attorney (LPA). 

The duration of the deputyship process varies depending on individual circumstances and the complexity of the case. It can take several months to complete, and our solicitors work diligently to expedite the process where possible. 

Absolutely. Our solicitors can provide ongoing support and advice to deputies, ensuring they fulfill their duties correctly and in compliance with legal requirements.