Court of Protection Orders
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Court of Protection Orders
The Court of Protection exists to ensure that people who do not have the mental capacity to make certain decisions for themselves are kept safe, and decisions are made in their best interests.
At Setfords, our expert solicitors can assist you with all Court of Protection matters to ensure that you or your vulnerable loved one is protected, and you can have peace of mind.
How can our solicitors help with Court of Protection Matters?
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Lay deputy applications
Lay deputy applications
A lay deputy is typically a friend or family member of a vulnerable person who the court appoints as a trusted person to make decisions in their best interests. Applying to be a deputy can be a long-winded and confusing process, but our solicitors can help you at every step of the way or even make the application on your behalf.
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Acting as a professional deputy
Acting as a professional deputy
One of our lawyers can work as a professional deputy if nobody is available or able to be a lay deputy. We can make complex decisions in our client’s best interests to ensure that they are protected.
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Statutory wills
Statutory wills
A statutory will is one made on behalf of someone who does not have a will and lacks the capacity to create one. These wills are approved by the court and treated in the same way as a regular will once the person passes away.
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Personal injury compensation and trusts
Personal injury compensation and trusts
If a loved one suffers an injury that affects their mental capacity, we can help you claim and manage compensation on their behalf through the Court of Protection. The compensation is typically held in a trust managed by two trustees who can make decisions on behalf of the injured person.
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Deprivation of liberty safeguards
Deprivation of liberty safeguards
If you believe a vulnerable loved one has had Deprivation of Liberty Safeguards placed upon them unfairly, we can support you in challenging them with the court. A Deprivation of Liberty Safeguard is a legal document restricting freedom. They can be placed upon individuals by hospitals and care homes in order to provide them with care.
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Contested applications
Contested applications
If you have reason to believe that an appointed deputy is not suitable for the role, our solicitors can assist you in applying to the Court of Protection to remove them.
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Emergency Court of Protection Orders
Emergency Court of Protection Orders
If an urgent decision must be made on behalf of a vulnerable person, we can support you in making an emergency application to the court for a court order.
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Other support
Other support
Our experienced solicitors can also help you with other support regarding the Court of Protection and being a deputy. This includes help with administration; advice on financial planning, tax, investments, and gifting on behalf of the vulnerable person; and managing disputes about a vulnerable person’s best interests.
Lay deputy applications
A lay deputy is typically a friend or family member of a vulnerable person who the court appoints as a trusted person to make decisions in their best interests. Applying to be a deputy can be a long-winded and confusing process, but our solicitors can help you at every step of the way or even make the application on your behalf.
Acting as a professional deputy
One of our lawyers can work as a professional deputy if nobody is available or able to be a lay deputy. We can make complex decisions in our client’s best interests to ensure that they are protected.
Statutory wills
A statutory will is one made on behalf of someone who does not have a will and lacks the capacity to create one. These wills are approved by the court and treated in the same way as a regular will once the person passes away.
Personal injury compensation and trusts
If a loved one suffers an injury that affects their mental capacity, we can help you claim and manage compensation on their behalf through the Court of Protection. The compensation is typically held in a trust managed by two trustees who can make decisions on behalf of the injured person.
Deprivation of liberty safeguards
If you believe a vulnerable loved one has had Deprivation of Liberty Safeguards placed upon them unfairly, we can support you in challenging them with the court. A Deprivation of Liberty Safeguard is a legal document restricting freedom. They can be placed upon individuals by hospitals and care homes in order to provide them with care.
Contested applications
If you have reason to believe that an appointed deputy is not suitable for the role, our solicitors can assist you in applying to the Court of Protection to remove them.
Emergency Court of Protection Orders
If an urgent decision must be made on behalf of a vulnerable person, we can support you in making an emergency application to the court for a court order.
Other support
Our experienced solicitors can also help you with other support regarding the Court of Protection and being a deputy. This includes help with administration; advice on financial planning, tax, investments, and gifting on behalf of the vulnerable person; and managing disputes about a vulnerable person’s best interests.
Setfords’ approach to Court of Protection Orders
At Setfords, we are here to help you with our unique approach to the law and legal advice. Our lawyers have the flexibility they need to support you at a difficult time. And, as experts in all aspects of the Court of Protection, you can have the peace of mind that you or your loved one’s best interests will be protected at all times.
Plus, unlike most firms, we operate in a way that gives our lawyers all of the support they need to deliver a truly personal service at a price that may be more affordable than you might expect.
Court of Protection Specialist Solicitors
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Alison Lamont
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Court of Protection Orders FAQs
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What is the Court of Protection?
The Court of Protection exists to make important decisions in a vulnerable person’s best interests. These decisions can include those surrounding their welfare, health, medical treatment, property and financial affairs, and more.
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What are Court of Protection Orders?
Court of Protection Orders can be granted for a vulnerable person if there is no Lasting or Enduring Power of Attorney in place.
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What is a Deputy in the Court of Protection?
The court can appoint a ‘Deputy,’ who is an approved person who will make decisions on behalf of the vulnerable individual.
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Can I appoint my own Deputy?
Yes, if you are concerned about your own ability to manage your affairs, we can help you ensure your best interests are protected, now and in the future.
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Are there different types of Deputy?
Yes, there are two different types of deputy. A person can require one or both of them:
- Personal Welfare Deputy, making decisions about their medical treatment and care.
- Property and Financial Affairs Deputy, managing things such as their bills and income.
Then, there are four different ways a Deputy can be appointed:
- Lay Deputies, who are family or friends of the person lacking capacity.
- Professional Deputies, who are professionals such as solicitors who are paid to act as the Deputy.
- Public Authority Deputies, who are public bodies appointed to act as the Deputy, such as a local authority.
- Panel Deputies. These Deputies are chosen from an approved list by the Court of Protection when nobody else is available.
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Is there an application fee to become a Lay Deputy?
Yes, there is an application fee of £371. After you’ve been appointed, you will need to pay a yearly ‘supervision fee,’ which can vary depending on the level of supervision required. You can find out more about the fees involved in becoming a deputy on the gov.uk website.
Speak to a Court of Protection Orders Solicitor on +443301733390
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