Court of Protection

Families often need legal guidance quickly when someone loses the ability to make decisions for themselves. Our Court of Protection solicitors advise on deputyship applications, mental capacity issues, statutory wills and the practical responsibilities that follow appointment.

How we help with Court of Protection matters

Court of Protection work often arises at a difficult and emotional time. A loved one may no longer be able to manage money, property or welfare decisions, and family members are suddenly expected to deal with complex legal and practical issues. We help clients understand whether an application is needed, what authority is already in place, and what steps should be taken to protect the person concerned. Our advice is clear, sensitive and built around the realities families are facing, from urgent financial arrangements to longer-term planning.

Deputyship applications and ongoing support

If there is no valid Lasting Power of Attorney and a person lacks capacity, it may be necessary to apply for a deputyship order. We advise on the difference between property and financial affairs applications and welfare issues, prepare the paperwork, guide families through the evidence required, and explain what ongoing duties come with acting as a deputy. That includes reporting requirements, record keeping, best interests decision-making and dealing with banks, care providers and other organisations after appointment.

Wider Court of Protection advice

Some cases involve more than a standard deputyship application. There may be disagreement within the family, concerns about previous decisions, questions about gifts or lifetime planning, or a need for a statutory will. Where appropriate, we can also act as a professional deputy, offering independent support where family members would prefer an experienced solicitor to manage matters.

Why early advice matters

Delays can make an already stressful situation harder. Without the right authority in place, families can struggle to access accounts, deal with property, or make arrangements that are plainly needed in the person’s best interests. Early legal advice can help avoid unnecessary delay, reduce the risk of mistakes and give you a clear plan. Our approach is practical and reassuring, with advice tailored to the circumstances of the individual and the family around them.

To speak to our Court of Protection team about property and financial affairs, call 0331 630 1144, email probate@msbsolicitors.co.uk or complete our Enquiry Form and we’ll get back to you.