Court of Protection

The Court of Protection was created to help people who lack mental capacity. Its duties include:

• Deciding whether someone lacks mental capacity to make a particular decision
• Appointing a Deputy – someone authorised to make certain decisions on a person’s behalf
• Making urgent and emergency orders – for example, if someone requires immediate medical treatment but lacks the capacity to consent
• Making Statutory Wills where someone cannot make a Will themselves
• Making decisions in relation to a person who is deprived of their liberty (their actions and movements are being restricted)

Our lawyers are experts in dealing with issues in relation to mental capacity and the Court of Protection.

Our lawyers regularly deal with applications in relation to Deputies and Powers of Attorney and are top ranked by independent client guide, Chambers and Partners and our Private Client Court of Protection team leader, Richard Pollock, is specifically recommended for his skills.

Our Mental Health, Mental Capacity and Health & Social Care team deals with health and welfare applications and issues concerning capacity and deprivations of liberty, and specialise in dealing with all aspects of the Mental Capacity Act 2005 and the Court of Protection.

We invest heavily in our lawyers’ professional development so we can provide the highest level of support to every individual who seeks our advice. We have obtained a number of accreditations and professional memberships in recognition of our skills, including:

The Society of Trust and Estate Practitioners (STEP) – this qualification is essential for industry leaders in the area of family inheritance and succession planning. As members of STEP, our lawyers are recognised for their ability to support vulnerable clients among other skills

• The Association of Lifetime Lawyers – our members are fully qualified to help with every issue that is likely to affect you and your loved ones as you grow older, including providing assistance to and in respect of vulnerable individuals.
• Dementia Friends and Dementia Champions – most of our Court of Protection team are qualified to provide advice and support to individuals affected by dementia and their loved ones. As well as tailored legal advice, we can also help you access other support services.
• The Private Client Section of the Law Society – this is another essential qualification for experts in the area of mental capacity and other private client work, such as Wills and Probate.

For a full list of our qualifications and professional memberships, please visit our Accreditations page.

If a person lacks mental capacity, it means that they cannot make a decision when it needs to be made, for example, because of:

• An illness such as dementia
• A condition such as stroke
• A brain injury
• Severe mental health difficulties
• Severe learning difficulties

It can be difficult to tell when someone might need help making their own decisions. For example, a person may be able to decide what to buy during the weekly food shop but may be unable to make decisions about paying their bills or managing their pension.

The Mental Capacity Act provides a legal test to help assess whether someone lacks mental capacity. We can help in obtaining, or challenging, a capacity assessment and provide advice about any extra support which may be available or how the Court of Protection may be able to help.