Court of Protection Solicitors

When someone you love can no longer make decisions for themselves, knowing what to do next can feel overwhelming. Our specialist Court of Protection solicitors are here to guide you through the process with care and compassion.

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If a family member or loved one has lost the mental capacity to manage their finances, property or personal welfare, it may be necessary to seek support from the Court of Protection.

At Talbots Law, we understand that these situations are often emotional and stressful. Whether you need to apply for a Deputyship Order, manage a loved one’s financial affairs, or require advice on a dispute involving mental capacity, our experienced Court of Protection team will support you every step of the way.

Our team can assist clients across all our office locations and can arrange home, hospital or care home visits where required. Find out more in our frequently asked questions below.

What is the Court of Protection?

The Court of Protection is a specialist court responsible for making decisions on behalf of people who lack the mental capacity to make certain decisions for themselves. This can include decisions about their property, finances, health and welfare. The Court can also appoint a Deputy to manage a person’s affairs when they are no longer able to do so themselves.

Who needs the Court of Protection?

The Court of Protection may be needed when an individual lacks the mental capacity to make decisions about their finances, property or personal welfare and they do not have a valid Lasting Power of Attorney in place.

This can arise as a result of conditions such as dementia, Alzheimer’s disease, a brain injury, stroke, learning disability or other illnesses that affect a person’s ability to make informed decisions.

No matter how complex the situation, we’ll do everything we can to find a resolution that meets your specific needs. If you need advice from one of our specialist Court of Protection solicitors, contact us today on 0800 118 1500 or complete the form below.

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Why choose Talbots’ Court of Protection solicitors?

Our specialist team has extensive experience supporting families through Court of Protection matters, from straightforward Deputyship applications to complex financial and welfare issues. We understand the sensitive nature of these cases and provide practical, compassionate guidance at every stage.

As part of our wider Trusts & Estates team, we work closely with families, care providers and financial professionals to ensure that vulnerable individuals receive the protection and support they need.

With tens of offices across the Midlands, we support clients with clear communication, practical advice and a focus on achieving the right outcome efficiently. Trusted by thousands of people each year, our TrustPilot reviews demonstrate our pride in exceptional service.

Frequently Asked Questions

Do I need a Deputyship Order?

If someone loses mental capacity without having put a Lasting Power of Attorney in place, nobody automatically has the legal authority to make decisions on their behalf.

In these circumstances, it may be necessary to apply to the Court of Protection for a Deputyship Order. A Deputy is appointed by the Court to manage the person’s affairs and make decisions in their best interests.

Our solicitors can guide you through the application process, explain your responsibilities as a Deputy, and provide ongoing support once the Order has been granted.

When should you apply to the Court of Protection?

You may need to apply to the Court of Protection if a loved one can no longer manage their own affairs and has not previously appointed an attorney under a Lasting Power of Attorney.

An application is commonly made when family members need legal authority to access bank accounts, manage property, pay care fees or make important decisions on behalf of someone who has lost mental capacity.

Who can act as a deputy?

Anyone over the age of 18 can be appointed as a Deputy but it is usually a family member, close friend or a solicitor. The Court of Protection will look at whether there is anyone who has a close connection to the person lacking capacity and would be able to carry out the role of Deputy. If there is no one suitable then it may be appropriate for a solicitor to be appointed as Professional Deputy.

The application can be a long process with various documents that have to be submitted to the Court of Protection. The Court will consider the suitability of the applicant to be a Deputy, whether they have ever been bankrupt or have had a previous IVA in place. This can lead to the application by the applicant being rejected and the Court of Protection appointing a professional from the Panel Deputy list to act. This will incur ongoing legal fees in this situation.

What is the difference between a Deputy and an Attorney?

As opposed to an Attorney, who you choose, the Deputy appointment is decided by the Court of Protection and a Deputy Order will be issued. This can be a member of the family or a Panel Deputy if the court deem the applicant unsuitable. The Deputy Order sets out what a Deputy is authorised and not authorised to do. Once an Order has been made a Deputy will be able to deal with the day to day finances of the person to include: paying bills or care fees, buying food or clothing and selling or purchasing property to name just a few.

The Court of Protection will not always give a general authority to sell or purchase property in the future. This is to protect the individual from future unauthorized deprivation of liberty. This then means that the Deputy will have to reapply, at a further cost, to the Court of Protection for authorization to sell a property. Families are not always local to the individual who is subject to the Deputy Order and therefore they may want them to live nearer to them. There will be a need to sell their current home and move into another for this very purpose or they may need future nursing home care and need the proceeds of sale of their property to pay for that care.