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What is court of protection?

The Court of Protection is a court based in London and they deal specifically with making decisions for people who lack mental capacity to make their own decisions regarding financial or welfare matters at the time they need to be made.  If a person lacks capacity to make a Lasting Power of Attorney (a document appointing a person(s) to make decisions on their behalf), an application can be made to the COP to appoint a Deputy instead.

What does a court of protection do?

The COP 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 where a decision must be made on behalf of someone else without delay
  • making decisions about the lasting power of attorney or enduring power of attorney and considering any 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

How we can help?

We are able to offer clear advice on the procedure, the options available to them and guide people through the process of obtaining the relevant order.

An individual who has lost mental capacity cannot create a Lasting Power of Attorney. The only option for the relatives of such an individual in these circumstances is to apply to the Court of Protection for an order appointing them as Deputy of the individual’s affairs.

Clients in this situation often have a lot to deal with ensuring the individual in question is receiving proper care and all their needs are met.

We can take over and manage the whole application process to ensure that the matter is dealt with as smoothly as possible.

We can assist clients with the following:

  • Making an application to be appointed a Deputy to make decisions regarding finance and property affairs on behalf on an individual.
  • Making one off applications to the Court of Protection regarding specific issues affecting an incapacitated individual.
  • Advising on the responsibilities and obligations of a Deputy and assisting in the completion of Deputy reports.
  • Making applications for a Statutory Will including preparing forms and statements to be submitted to the court.
  • Advising respondents in applications for Statutory Wills.

Our Approach & Our Experience

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 that you comply with the necessary requirements to avoid complications later down the line.

In the event that you require ongoing assistance with the formalities, we can provide that service so that you can take care of the day to day matters.

Contact Us

You can contact a member of our team using the contact form below or by phoning us on


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.

Bik-ki Wong

Bik-ki Wong

Bik-ki is a Partner and is Head of our Wills, Trusts and Probate Team

Clara Staunton

Clara Staunton

Clara is a Partner in our Wills, Trusts and Probate Team

Laura Willis

Laura Willis

Laura is a Senior Associate in our Wills, Trusts and Probate Team

Simon Cieluch

Simon Cieluch

Simon is an Associate in our Wills, Trusts and Probate Team

Aalia Ijaz

Aalia Ijaz

Aalia is an Associate within our Wills, Trusts & Probate team

Hannah Owens

Hannah Owens

Hannah is a Trainee Solicitor within our Wills, Trusts & Probate Team


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