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Court of Protection Solicitors

The Court of Protection can make decisions for people who do not have the mental capacity to make choices themselves. This includes decisions about what will happen when that person dies. We can help you to apply to the Court of Protection, whether that is to make a statutory Will, to be appointed as a person’s deputy or in relation to a one-off decision for someone who does not have capacity.

Statutory Wills

Where a person has lost the capacity to make a new Will (e.g. if they have dementia or they have had a serious brain injury), you can apply to the Court of Protection to have one made for them. The Court of Protection will consider:

  • what the person would do if they had the capacity to make their own Will;
  • the person’s beliefs and personal values; and
  • how the person acted and made decisions in the past.

Cases in which it might make a statutory Will include where the proposed statutory Will saves tax. It is often the person’s deputy or attorney who makes an application for a statutory Will, but others can apply too.

Deputies and attorneys

The Court of Protection is also responsible for individuals who make decisions on behalf of someone else:

  • Deputy

You can apply to the Court of Protection to be appointed as a “deputy” for a person who lacks mental capacity.  Deputies can make ongoing, day-to-day decisions for that person. 

  • Attorneys (appointed under a Lasting Power of Attorney or an Enduring Power of Attorney)

Anyone over 18 can make a Lasting Power of Attorney (or “LPA”) as long as they have the necessary mental capacity when they make it. An LPA is a way to appoint one or more people (known as “attorneys”) to make decisions on your behalf when you are unable to do so.

If a deputy or an attorney wants or needs to make a one-off decision that is outside of their normal power (for example, to sell the person’s property or make a large gift on their behalf), they must apply to the Court of Protection.

What can I do if I am concerned about wrongdoing by a deputy or an attorney?

It is usually sensible to contact the Office of the Public Guardian with details of your concerns. This is something that you may wish to do yourself. Alternatively, we can advise you in relation to any or all of the following:

  • the rights, duties and obligations of the attorney or deputy in question (these are not always the same);
  • whether the attorney or deputy has acted wrongfully from a legal perspective; and
  • putting together your concerns for the Office of the Public Guardian to consider.

Please contact us if you are interested in discussing these options with a member of our team.

Court of protection

Why Use Myerson?

If you choose to work with us, you will discover exceptionally talented lawyers who have a passion for making a genuine difference to our clients’ lives. We pride ourselves in being approachable and always ensure that everything we do is in your best interests.

All of our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards that. The team is overseen and led by experienced Partner, Helen Thompson, who is a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes. We are also proud to be ranked in the top tier of the prestigious Legal 500 directory.

We provide practical advice and, unlike other firms, are able to deliver a complete service with support from colleagues in our Property and Private Client teams. 

From the outset, our costs will be clear and transparent, and we offer a range of funding options, including:

  • “No Win, No Fee” agreements
  • Deferred payment
  • Fixed fees
  • Litigation loans
  • Third-party funding
  • Legal expenses insurance
  • “After the event” insurance

Please contact us if you are interested in discussing these options with a member of our team.

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Helen Thompson

Helen Thompson

Helen is a Partner and Head of the Contentious Trust and Probate Team

Alice Vale

Alice Vale

Alice is a Senior Solicitor in our Contentious Trust and Probate Team

Eleanor Clarke

Eleanor Clarke

Eleanor is a Solicitor in our Contentious Trust and Probate Team

Stephanie Ewan

Stephanie Ewan

Stephanie is a Solicitor in our Contentious Trust and Probate Team

Tom Evans

Tom Evans

Tom is a Solicitor in our Contentious Trust and Probate team

Fran Duffy

Fran Duffy

Fran is a Trainee Solicitor in our Real Estate Litigation department.

Testimonials

Contact Us

Book your consultation using the below enquiry form. Alternatively, you can call us on

0161 941 4000