Court of Protection Solicitors

At Flint Bishop, our Court of Protection Solicitors help you understand what steps may be needed and guide you through the process with care.

We can advise on deputyship applications, property and financial affairs, personal welfare matters, statutory wills, professional deputy appointments, personal injury trusts and urgent Court of Protection applications.

We understand that these decisions often come at a stressful and emotional time. The forms, medical evidence and court requirements can feel difficult to manage, especially when you are already caring for someone with dementia, Alzheimer’s disease, a brain injury, mental health condition or another condition affecting their ability to make decisions. Our Court of Protection Solicitors will explain the process in plain English, prepare the application carefully and guide you through each stage.

With teams of Court of Protection Solicitors in Birmingham, Derby, Leeds, Sheffield, Swansea and York, Flint Bishop supports individuals, families, carers and deputies across England and Wales. Our Wills, Probate, Tax and Trusts team has considerable experience advising on Court of Protection matters, including complex cases involving property, financial transactions and statutory wills.

Whether you need to apply to become a deputy, are unsure whether a professional deputy may be appropriate, or need advice about a decision affecting a vulnerable loved one, our Court of Protection Solicitors will listen carefully and explain the next step clearly. Contact Flint Bishop today to understand your options.

Criteria to become a deputy for a person who has lost mental capacity

The Court of Protection usually permits deputyship for people who meet all of the following criteria:

• The applicant is over the age of 18 years.
• The applicant is not bankrupt.
• No other concerned party objects to the appointment of the applicant as deputy.

Professional deputies (such as solicitors) may also be appointed if the circumstances are appropriate.

How to apply to become a deputy through the Court of Protection

Deputyship applications require the submission of numerous court forms dependent upon whether you are applying to take responsibility of the person’s property and financial affairs or their personal and medical welfare.

The application forms are complex and involve not only an assessment by a medical professional confirming the state of the subject’s mental capacity, but written statements to justify why you should become a deputy. The application process also includes a stage where other family members and individuals connected to the person will be invited to make objections if they have any.

A successful application requires a convincing legal argument that the court’s priority concerns toward the vulnerable person will be satisfied. This is best achieved with professional oversight.

As deputyship applications to care for someone who has lost mental capacity are often confusing and time-consuming, we will support you through the process from beginning to end. We help our clients to overcome any challenges and provide expert assistance in a compassionate, caring, and sensitive manner.

Alternatively, we can provide a professional Court of Protection deputy where appropriate. We have found that this can minimise friction between family members at what can be a difficult and emotional point in their lives.