What is the Court of Protection?
The Court of Protection makes decisions about financial and welfare matters for people who lack the mental capacity to make their own decisions.
If a person lacks the capacity to make a Lasting Power of Attorney (a document appointing a person or persons to make decisions on their behalf), an application can be made to the Court of Protection to appoint a Deputy instead.
An application to the Court of Protection can be made by the person’s spouse, partner, child or other close relative or friend of the person.
More than one deputy can be appointed to make joint decisions relating to the person.
What does the Court of Protection do?
The Court of Protection is responsible for:
- Making decisions regarding an individual's mental capacity.
- Appointing Deputies to make ongoing decisions for people who lack mental capacity.
- Giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity.
- Handling urgent or emergency applications that require a decision without delay.
- Making decisions about Lasting Powers of Attorney or Enduring Powers of Attorney and considering objections to their registration.
- Considering applications to make Statutory Wills or gifts.
- Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.
Understanding Mental Capacity and the Court of Protection
The Court of Protection exists to protect people who are unable to make certain decisions for themselves because they lack mental capacity.
Under the Mental Capacity Act 2005, capacity is assessed on a decision-specific basis, meaning a person may be able to make some decisions but not others.
If someone no longer has the mental capacity to make decisions about their property, finances or welfare, and they have not put a Lasting Power of Attorney (LPA) in place, an application may be required to the Court of Protection.
In these cases, the Court can appoint a Deputy to act on the person's behalf, taking decisions within the scope of the Deputyship Order.
How We Can Help
If you are dealing with a Court of Protection matter, we can provide clear guidance on the procedure, explain the options available, and support you through the steps needed to obtain the relevant Court Order.
This is especially important when you need to act quickly, such as when someone has lost mental capacity and there is no Lasting Power of Attorney in place, or when urgent decisions must be made about a person’s finances or welfare.
Clients in this situation often have a great deal to manage while ensuring their loved one is receiving appropriate care and support.
Whilst you can apply to the Court of Protection for a Deputyship order yourself, having a solicitor handle this for you can make the process much smoother.
We can take over and manage the full Deputyship application from start to finish, helping you prepare the required forms and evidence, meet the Court's deadlines, and reduce the risk of delays or complications.
Our team will help you understand what to do next and what the Court will require.
We can assist clients with:
- Making applications to the Court of Protection to appoint a Deputy to make decisions regarding finance and property affairs on behalf of an individual who lacks capacity.
- Assisting the family/friends of an incapacitated individual in making one off applications to the Court of Protection, regarding specific issues affecting the incapacitated individual.
- Advising on the responsibilities and obligations of a Deputy and assisting with the completion of Deputy reports.
- Making applications regarding decisions to be made under a Lasting Power of Attorney, or Enduring Power of Attorney.
- Making an application for an interim order regarding an urgent decision that needs to be made.
Our Court of Protection Approach
Our solicitors can guide you through the complex procedures and paperwork when making an application to the Court of Protection and advise you on the best course of action.
We will also explain your ongoing duties and obligations to ensure you meet the necessary requirements to avoid complications later down the line.
Why Choose Myerson's Wills, Trusts, and Probate Team?
- Recognised Expertise: Our Private Client team is recognised as one of the UK's leading private wealth practices, securing two prestigious wins at the British Wills and Probate Awards 2026 for Probate Provider of the Year – North & Midlands and Tax & Trusts Team of the Year. The team also won Private Client Team of the Year – North of England and Private Client Trusts, Tax & Wealth Planning Team of the Year at the Private Client Modern Law Awards 2026, and was Highly Commended for Probate & Estate Administration Team of the Year. We also hold a Band 2 ranking in the Chambers High Net Worth Guide and have been recognised as a Top Tier firm by The Legal 500 for the past seven years.
- Qualified Professionals: Our team holds additional qualifications in trust administration and tax regimes for trusts, along with the prestigious STEP (Society of Trust and Estate Practitioners) qualification. We have extensive experience setting up and managing live trusts, ensuring we understand the practicalities of trust operation and drafting.
- Comprehensive Support: We provide tailored advice that respects each client's unique circumstances and understands the emotional weight of estate matters. Our solicitors handle sensitive situations with care, offering support throughout the process.
- Holistic Approach: Our holistic strategy allows us to identify tax-saving opportunities and mitigate unexpected liabilities. We ensure clients comprehend the purpose and functioning of trusts, providing city-quality advice at regional prices.
- Partner-Led Service: Our partner-led approach guarantees the best legal advice and commercially minded support. We collaborate with corporate, family and property law teams, delivering a comprehensive service that addresses all aspects of estate management.
- Specialist Expertise: Our highly ranked team in The Legal 500 and Chambers for personal tax, trusts, and probate works closely with our contested wills solicitors to provide expert advice tailored to your needs.
- Recognised Leaders: Bik-ki Wong, Head of our Private Client team, has been recognised as one of the top influential private wealth lawyers in Manchester (2023) by Business Today and as one of the best probate and wills lawyers for high-net-worth individuals in the UK (2023) by Spear's.
- Extensive Network: Through our UK200 Group membership, we have strong connections to Independent Financial Advisers (IFAs) and tax advisers, offering comprehensive support tailored to your specific requirements.
- Catering to Diverse Needs: Our team includes Cantonese speakers, ensuring effective communication and understanding in managing estates.
- With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
- Look at the Myerson Promise for further benefits of working with us here.
Court of Protection FAQs
How Long Does a Court of Protection Application Take?
There are no specific timescales for how long it can take for the Court of Protection to appoint a deputy or make decisions for a person who is unable to do so themselves due to insufficient mental capacity.
The answer depends on the type of application, how long it takes for the Court to review the application, and whether there are any issues that need further consideration, such as objections or requests for additional evidence requested by the Court
In straightforward cases, the process can take approximately 6 months. However, where the matter is urgent, where the Court needs more information, or if there a delay in the application being reviewed by the Court timescales can be longer.
Urgent applications can be made to the Court in special circumstances which means that the application would be processed quicker. We can advise on whether your circumstances would qualify for an urgent application being made.
If you are applying for Deputyship because someone has lost mental capacity and there is no Lasting Power of Attorney in place, we will work to gather the necessary documents and supporting evidence as efficiently as possible so the Court can consider the application without avoidable delay.
If you would like an indication of likely timescales for your situation, our Court of Protection team can review the facts and advise on the next steps, so you know what to expect from the outset.
What is the difference between a Lasting Power of Attorney and a Deputy?
A Lasting Power of Attorney is made by someone while they still have mental capacity, allowing them to appoint trusted individuals to make decisions on their behalf in the future.
A Deputy is appointed by the Court of Protection when a person has already lost mental capacity and has not made a Lasting Power of Attorney.
Find out more on our Lasting Power of Attorney page.
Who can apply to become a Deputy?
A family member, friend, or professional adviser (including a solicitor) can apply for Deputyship to manage decisions for someone who lacks mental capacity.
The Court of Protection will review the proposed deputy’s suitability and consider whether the appointment is in the individual’s best interests.
Our Court of Protection solicitors can advise on the application process and help ensure it is completed as efficiently as possible.
How much do Court of Protection solicitors cost?
Costs for Court of Protection work can vary depending on the type of application (for example, whether it is a straightforward application for a Deputyship order or an urgent application), the complexity of the facts, and how much preparation and evidence is required.
At Myerson, we aim to provide clear, upfront guidance so you understand what is involved before you commit to any work.
When you speak to our Court of Protection team, we will discuss your situation, the likely steps in the process, and the information the Court will expect.
We can then explain the fee approach we propose and what it covers, helping you plan with confidence, particularly where decisions need to be made quickly.
If you are unsure whether you need Deputyship, or you are facing an urgent deadline, contact us for advice on the most appropriate next step and the likely cost implications.
Testimonials
Legal 500, 2027
The lead partner, Bik-ki-Wong, is able to understand complex situations quickly and devise practical solutions.
Mr Staples
Outstanding service from Aalia Ijaz and her team. I would recommend Myerson 100%.
Mr. Fox
Ben kept me informed at all times. He dealt with my case in a quick and professional manner.
Mr. A
I dealt with Hannah Owens and she was extremely helpful and professional. As a result, I would have no hesitation in recommending your firm to my friends if they required legal advice.
Mrs & Mr Brighouse
Hannah Owens really understood our requirements. She explained various options, including the use of trusts, and had a deep understanding of the issues & tax legislation. She was very easy to talk to.
Mrs & Mr Wells
Laura Willis was very professional and dedicated a great deal of time to preparing our wills. Overall, we felt we were truly getting our money’s worth.
Legal 500, 2027
Excellent teamwork and very professional.
Legal 500, 2027
Laura Willis - Laura is an absolute credit to her profession. I have worked with Laura for over ten years, and she has a wonderful ability to explain complex legal matters to clients.
Legal 500, 2027
Clare Staunton is the main person I've dealt with, and she's been great with the client work we've done together.
Legal 500, 2027
Great client service and clear quality.
Legal 500, 2027
Ben Murphy has been my contact throughout, and he has been brilliant.
Mr Lee
Ever since appointing Myerson, I have received the best of advice and action on matters of great concern to my family.
Mr Barker
Having dealt with many lawyers over the years, it was refreshing to find Myerson who were professional, prompt, courteous, along with going the extra mile for their clients. Very impressive. Thank you.
Mr Gough
Great staff and all conducted in an informative and constructive way. Nice new office which created the right atmosphere for my visits.
Mr. Frame
Myerson were extremely helpful in liaising with me to submit an application to the Court of Protection. The solicitor was very knowledgeable and efficient in obtaining the required information and processing the paperwork in a timely manner. I am delighted with the standard of the work.
Legal 500, 2024
Approachable, knowledgeable and competent.
Heather
Laura undertook to complete the distribution of my husband's will since my previous solicitor was unable to do it. A difficulty had arisen from the way the Inheritance Tax had been paid and Laura explained that I could solve my problem with a Deed of Assignment. I was happy to let her prepare this for me
Peter
Our business was dealt with by Bik-ki Wong who impressed us with her competency and efficiency, whilst remaining friendly and helpful at all times. Our queries were answered clearly and promptly giving us confidence that our business would be carried out to our complete satisfaction
Anonymous
Myerson have been our solicitors for several years. They have guided my husband and I in arranging making wills, lasting power of attorney and initially, after the death of my husband through the process of probate.
Mrs. Westwood
Compared to my original solicitors Myerson have been excellent. Hannah Owens has provided clear explanations of the various options available to us, timely responses, and has been upfront about the expected costs.
Mr P
Handled our personal wills very professionally. Really clear and “no-nonsense” approach which we really appreciated
Ruth
I contacted Myerson as I was unable to find a solicitor in Ireland to deal with UK probate for my father's estate as there was a possible complication with domicile. Clara Staunton initially, then Hannah Owens were friendly, helpful, efficient, and proactive in dealing with the case, kept us informed all through the process, followed up without prompting from us and indeed prompted us when needed. It was a pleasure to deal with Hannah and Clara, and I would have no hesitation in recommending them.
Peter Brett & Elizabeth Brett
The service that Myerson provided was excellent. All aspects and options regarding my Will were discussed and explained to our understanding. Based on our experience we would not hesitate to recommend your Company to friends and family.
Legal 500, 2024
They go the extra mile to help their clients.
Anonymous
Laura Willis and Bik-ki Wong have been a credit in resolving my issue and ensured the process was both timely and transparent. Thank you!
Susan
I cannot recommend this firm highly enough. During a very difficult time after the death of my husband, we were treated with the utmost sensitivity and compassion. Hannah at Myerson, in particular, supported my family extremely efficiently throughout the whole process of probate. Communication was frequent and nothing was too much trouble.
Joyce Mann
Clara was very efficient in dealing with my late husband’s Will. Clara was always available to help in any way. Very caring and understanding, that is very important to clients. I must mention your reception team were always happy to help.
Anonymous
I was very impressed with the care and attention that was given to me by Clara Staunton. She went through everything with me and everything was completed in a very short time even though she had to get things signed by one of my sons who lives in New Zealand. I would recommend your firm to anyone who needed a good reliable solicitor. Once again, thank you for everything.
Mr. Wallace
Excellent proactive support to myself and my business led by Clara Staunton and Charlotte Peers who were both excellent every step of the way.
Phil
Handled our personal wills very professionally, really clear and “no-nonsense” approach which we really appreciated
Legal 500, 2024
The team at Myersons continue to provide excellent support to this Family Office. They are diligent professionals always on hand with expert advice delivered in a friendly and meaningful way.
Legal 500, 2024
Very experienced and highly skilled team. Very good to work with on those matters where collaborative working required.
Mr. Lee
Everything that you have touched in what has been a difficult time for me has been dealt with promptly and in the knowledge that I am not at my best. I value the care you have shown.
Meet Our Wills, Trusts, and Probate Lawyers
Home-grown or recruited from national, regional or City firms. Our wills, trusts, and probate lawyers are experts in their fields and respected by their peers.
Darren Christopherson-Smith
Darren is a Solicitor in our Wills, Trusts and Probate Team
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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