Court of Protection Applications

The specialist solicitors at Farnworth Rose are here to help you if a family member has lost mental capacity or is unable to manage their own affairs.

Our dedicated team can help you make an application to the Court of Protection by taking care of any legal complexities for you.

Your solicitor will be available to provide the support you need by guiding you through the process and answering any questions you may have along the way.

To talk to one of our experienced solicitors today, call us now on 01282 695 400.

What is the Court of Protection?

The Court of Protection is a judicial body which is responsible for making decisions relating to the management of the affairs of individuals who lack the mental capacity to do so on their own.

This includes both financial and personal matters and aims to ensure that the best interests of those unable to manage their affairs are protected.

Applying to the Court of Protection

If someone who has not made a Lasting Power Attorney loses capacity to manage their affairs, an application will usually be made to the Court of Protection requesting that a deputy is appointed.

A deputy is a person who is responsible for managing the affairs of someone who has lost capacity to do so themselves. There are two types of Court of Protection deputyship:

  • Deputyship for property and affairs
  • Deputyship for personal welfare

If a person still has capacity, they can make a Lasting Power of Attorney which sets out how their affairs will be managed should they lose capacity in the future. You can find out how to make a Lasting Power of Attorney here.

When will a deputy be appointed?

The Court of Protection will make the decision on whether a person has the mental capacity to make decisions for themselves.

They can appoint deputies to make ongoing decisions for people who lack mental capacity or give people permission to make one-off decisions on behalf of someone who has lost mental capacity.

How Farnworth Rose can help you make a Court of Protection application

Making an application to the Court of Protection can be complex and any errors can lead to delays in taking decisions.

At Farnworth Rose, we understand just how difficult it can be when a loved one is unable to make decisions on their own. Our experienced estate planning solicitors in Nelson and Barrowford will guide you through the process of making a Court of Protection application, explaining every step along the way.

To talk to a member of our team today, call us now on 01282 695 400.

Or, you can arrange a call-back at a time that suits you by completing our online contact form here.