Court of Protection

The Court of Protection’s purpose is to protect and make decisions for people who lack the mental capacity to make those decisions for themselves.

Mental incapacity can strike anyone, regardless of age, background or lifestyle. Illnesses such as dementia or Alzheimer’s disease, brain injuries and severe mental health issues can all be reasons why a person may be unable make their own decisions about their finances and/or personal welfare. If you believe that your loved one may need extra support, we are here to help.

With offices in Truro, Newquay, St Austell, Falmouth, Penzance, Holsworthy, Launceston and Liskeard, we are conveniently located and easily accessible for people across Cornwall and West Devon. We can also arrange home visits in certain circumstances.

How our Court of Protection solicitors can help

We can help you with all matters relating to mental capacity and the Court of Protection. We understand that caring for someone who lacks mental capacity is an emotionally tiring job. It is likely you will want to support their independence for as long as possible and it can be difficult to accept when you or someone else may need to step in on their behalf.

We can provide practical advice and guidance and our expertise includes:

• Helping to assess when someone might need help making decisions about their finances and/or personal welfare
• Tailor-made applications to the Court of Protection for the appointment of a Deputy (someone authorised to make decisions on a person’s behalf)
• Acting as a Professional Deputy or managing a person’s financial affairs on behalf of Deputies
• Assisting with objections to applications for the appointment of a Deputy
• Preparing and submitting annual reports to the Court of Protection
• Making decisions about Lasting Powers of Attorney including whether they are valid, objecting to their registration or removing Attorneys
• Making decisions about someone’s health and welfare such as where they should live and the care they should receive
• Decisions in relation to someone who may be deprived of their liberty in a hospital, in a care home or in the community under the Deprivation of Liberty Safeguards (DOLS)
• Liaising with care providers and social services
• Considering eligibility for NHS Continuing Healthcare
• Associated legal advice, including:
  • Mental health and mental capacity advice – We often work closely with our dedicated Mental Health team to provide a comprehensive mental health and mental capacity service. We are independently recognised with the Law Society Mental Health Accreditation for our expertise in this area
  • Advice for older people – our team includes members of Solicitors for the Elderly, an organisation that recognises lawyers with particular expertise advising elderly and vulnerable people
  • Personal injury compensation claims where your loved one lost their mental capacity due to the fault of someone else – for example, a brain injury caused by an accident at work
  • Conveyancing and residential property – for example, where you need to sell property on behalf of a loved one who has moved into a care home