Expert legal advice with experience and understanding
The Court of Protection is the court that protects the vulnerable and makes decisions on their behalf. Our Court of Protection solicitors are specialists in this area of work and can help to manage the affairs of someone who lacks the mental capacity to manage their own, this means that they cannot make decisions for themselves and need a responsible person to do so.
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What we offer?
People may lack mental capacity if:
- They’ve had a serious brain injury
- They have dementia
- They have severe learning disabilities
Our compassionate Wills, Trusts and Estates team has many years’ experience dealing with the Court of Protection, so we can work with you to ensure you have the right help to support you.
How can Sweeney Miller Law help?
Our Estate Planning department understands that the process of applying for Deputyship can be daunting and confusing, and will take the time to explain the processes without using jargon, so that you can remain as informed as possible.
We can help with the initial Deputyship application or, if you have already been appointed as Deputy, we can advise you on the role going forward to make the process as stress free as possible. This might include:
- Advising on ongoing legal or financial issues such as accessing benefits or paying for care
- Applying for a statutory will
- Court of Protection disputes
If you need support with Court of Protection to help a vulnerable person, contact our expert Wills, Trusts and Estates solicitors by calling 0191 568 2050 or email enquiries@sweeneymiller.co.uk
Court of Protection and Deputyship FAQs
This is an Order made by the Court of Protection appointing one or more people to manage the affairs of someone who has lost the capacity to make important decisions for themselves. There are two types of Deputies. Mostly they apply to property and financial decisions and the Deputy will pay bills and organise pensions. The alternative is a personal welfare Deputy who makes health and care decisions for an individual.
The Court requires lengthy and detailed forms to be completed and submitted to them to enable any application to be considered by the Court carefully. The Court will often require input from medical professionals as well.
An application for a Deputyship Order for financial decisions that is not contested can take around 6-12 months depending on how busy the Court is at the time.
While both roles are relatively similar, a Lasting Power of Attorney (LPA) is put in place by the individual as a safeguard in the preparation for circumstances in which they may become incapacitated and unable to handle their affairs; whereas a Deputyship is put in place by Court of Protection after the individual loses the capacity to make their own decisions. For this reason, it is important to think carefully about arranging at Lasting Power of Attorney to avoid the costs and delays of seeking Deputyship.
