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At Roythornes, we understand how difficult it can be to watch a loved one lose the capacity to make decisions about their own care or finances. In these situations, it is crucial that their welfare takes priority.
Our skilled Court of Protection solicitors specialise in providing sensitive and thoughtful advice and guidance to the family members and friends of people who have lost their mental capacity, so they can feel safe knowing their loved one’s welfare and quality of life is protected.
We have a wide range of expertise guiding people through the confusing and daunting processes of the Court of Protection. Whether you need the authority to make decisions on an individual’s behalf, or you want to apply for a statutory will, we can provide sensitive, specialist advice which is tailored to your individual situation.
Get in touch with our Court of Protection solicitors in Nottingham by calling 0115 945 4447 or by paying us a visit for a face-to-face consultation.
What our Court of Protection lawyers in Nottingham can do for you
Court of Protection’s purpose is to help people who become mentally incapable of making their own decisions about their finances and welfare.
Our experienced lawyers can assist you with all matters and disputes concerning the Court of Protection, including deputy appointments, making or changing Statutory Wills, and Deprivation of Liberty Orders and disputes.
Deputy appointments
The Court of Protection can appoint someone a deputy if they lack mental capacity, for example, if they:
- Have severe learning disabilities
- Have dementia
- Have a severe brain illness or injury
There are two types of deputy you can apply to be:
- Property and financial affairs deputy – enables you to manage a person’s finances, such as paying bills or managing pensions.
- Personal welfare deputy – enables you to make decisions about a person’s healthcare and medical treatment.
Our Court of Protection lawyers can provide practical advice on applying to become a Court of Protection deputy and on your obligations and responsibilities so you can fulfil the role as effectively as possible.
Statutory Wills
If a person is losing their mental capacity, they may be unable to make a valid Will. If this is the case, you can apply to the Court of Protection to make a Statutory Will on their behalf.
Our experienced Court of Protection lawyers can provide advice on the situations when a Statutory Will may be necessary – such as when a person does not understand how much money or property they own – and guide you through the entire application process.
Deprivation of liberty
Deprivation of Liberty can occur where decisions are made about an individual’s care which result in the constant supervision and control of the individual’s movements and activities.
Sometimes, restricting a person’s freedom is essential for their health and wellbeing. In these situations, the Court of Protection may make a Deprivation of Liberty Order to authorise the restrictions.
However, if you are concerned that a loved one is being confined and it is not in their best interests, we can help you apply to the Court of Protection to challenge the restrictions on their freedom.
Court of Protection FAQs
How do you apply to the Court of Protection?
Depending on the type of application you want to make, there will be a number of different forms to complete. For example, if you want to become a deputy for an individual who lacks mental capacity, you need to complete the following forms:
- Court of Protection application form (COP1) – which states the type of application you are making, the order you want, and the person to which it relates.
- Information forms (COP1A and COP1B) – If you want to become a property and affairs deputy, a personal welfare deputy, or both.
- Assessment of Capacity form (COP3) – which includes an expert opinion from a relevant professional as evidence for your application.
- Deputy’s declaration (COP4) – detailing your personal and financial circumstances and your intentions in becoming a deputy.
How long does a Court of Protection application take?
The length of your application will depend on the complexity of the matter, whether there are any objections, and the urgency of the application.
An urgent application will be dealt with by the Court of Protection as quickly as possible – usually within 24 hours.
For normal applications, it usually takes around 2-3 months for an application to go through.
Who can become a Court of Protection deputy?
Anyone over the age of 18 can become a deputy if they are considered suitable by the Court of Protection. In many situations, deputies will be the family members or close friends of the person who needs help.
Why choose Roythornes’ Court of Protection solicitors in Nottingham?
Our Court of Protection solicitors have years of experience dealing with all matters and disputes concerning the Court of Protection.
We have in-depth knowledge of the Court of Protection processes, the Mental Capacity Act 2005 and its Code of Practice so you can be sure that our advice will be reliable, sensible, and pragmatic.
The team is led by Roythornes’ Partner Elizabeth Young, a highly experienced lawyer who sits on the Court of Protection Panel of Professional Deputies and is a full accredited member of Solicitors for the Elderly (SfE).
The team also includes solicitor Gemma Hopper, who has a strong background in handling complex deputyship issues and deputyship disputes, and specialist Court of Protection Executive Alexandra Stephenson, who is an Alzheimer’s Society Dementia Friend giving her vital insight into supporting vulnerable older people. We have most recently been joined by Kerry-Jo Hatfield who brings her own unique experience of legal practice in mental health work to the team.
Roythornes is independently regulated by the Solicitors Regulation Authority (SRA)
Contact our Nottingham Court of Protection lawyers
To get in touch with our Court of Protection lawyers in Nottingham, please call 0115 945 4447 or pay us a visit.
