Court Of Protection Solicitors Solihull
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When a parent, spouse, or close relative loses the mental capacity to manage their own finances or welfare and no Lasting Power of Attorney (LPA) was ever put in place, families are often left unsure what to do next. The bank will not act on informal instructions from a family member, and care decisions cannot simply be made by whoever happens to be closest, however sensible their judgment might be. In this situation, an application to the Court of Protection is generally the only lawful route to gaining the authority needed to help.
At Pearcelegal Solicitors, we guide families across Solihull and the West Midlands through deputyship applications and ongoing Court of Protection matters under the law of England and Wales. Some clients come to us at the very start of the process, unsure whether an application is even necessary. Others are already appointed as a deputy and need help understanding their ongoing reporting duties to the Office of the Public Guardian, which can feel burdensome without proper guidance.
We recognise that families usually arrive at this point during a difficult and often frightening time, whether that follows a stroke, a dementia diagnosis, or a serious accident. The process itself can feel bureaucratic and slow when what a family needs is practical help managing a relative's affairs immediately. We work to make the application process as smooth as possible, explaining what is required at each stage and preparing the paperwork carefully to reduce the risk of delay.
Having supported Solihull families through Court of Protection matters for over 40 years, we understand how much reassurance a clear explanation of the process provides. We explain realistically how long an application is likely to take, what a deputy can and cannot do once appointed, and what ongoing obligations come with the role, so there are no unwelcome surprises later.
You will work with a solicitor who prepares your application thoroughly the first time, reducing the risk of the Office of the Public Guardian querying the paperwork and adding further delay. If you are already acting as a deputy, we support you with the annual accounts and reporting duties that come with the role, helping you meet your obligations properly and with confidence.
If a family member has lost capacity and no Lasting Power of Attorney is in place, contact Pearcelegal on 0121 270 2700 today to arrange a free 30 minute consultation with a solicitor. You can also fill in our contact form.
Our Court of Protection services
We support families and existing deputies across Solihull and the West Midlands with a range of Court of Protection services, including:
- Advising on whether a deputyship application is necessary
- Preparing and submitting property and financial affairs deputyship applications
- Advising on health and welfare deputyship applications where appropriate
- Assisting with capacity assessments and supporting evidence
- Advising existing deputies on their ongoing reporting duties
- Preparing annual accounts for submission to the Office of the Public Guardian
- Advising on security bond requirements for financial deputies
- Helping families avoid the need for future applications through LPAs
The Court of Protection is a specialist court established under the Mental Capacity Act 2005 that makes decisions on behalf of people who lack capacity, including appointing deputies to manage property, finances, or welfare. We explain from the outset which type of deputyship is likely to apply to your situation and what evidence the application will need.
Deputies appointed for property and financial affairs must usually provide a security bond and submit annual accounts, reflecting the greater oversight applied where the person did not choose their own representative in advance. We help you understand and meet these obligations without unnecessary stress.
Why choose Pearcelegal?
- Families facing a deputyship application want it handled correctly the first time, without unnecessary delay. Pearcelegal has supported Solihull families through Court of Protection matters for over four decades.
- You work directly with the solicitor preparing your application, who explains each stage clearly and keeps you updated on progress throughout what can be a lengthy process.
- We respond promptly to new enquiries, usually within 24 to 48 hours, recognising that these matters often arise during an already stressful period for the family.
- Costs are agreed and explained clearly from the outset, including the court fees, supervision fees, and any bond premium involved, so there are no surprises.
- Our long-standing presence in Solihull means we understand the practical pressures facing local families dealing with a relative's loss of capacity.
Get in touch
If a family member has lost capacity and no Lasting Power of Attorney is in place, contact Pearcelegal on 0121 270 2700 today to arrange a free 30 minute consultation with a solicitor. You can also fill in our contact form.
Frequently asked questions
Do I need a solicitor to make an application to the Court of Protection?
Whilst not a requirement, it is advisable to seek advice from a solicitor before moving forward. We can help to point you in the right direction and ensure your application is correct.
What does the Court of Protection do?
The Court of Protection makes decisions on financial and welfare matters when individuals are unable to do so themselves. This is typically required when the individual lacks the mental capacity to make decisions.
What happens at a Court of Protection hearing?
After you have applied for a order from the Court of Protection, you will be informed if your application has been accepted, if the courts need more information, or if there will be a hearing. If there is a hearing, you may get a final decision on the outcome on the day, or by post after the hearing. You may be able to appeal the decision if you would like the case to be reconsidered.
How long does it take to apply for a Deputyship Order?
It can take several months to be granted a Deputyship Order. To help speed this process along, it’s important to be responsive to requests from the Court and make sure all documents are delivered in the requested format. Working with a solicitor can help to speed up the process.
How can families avoid needing a deputyship application in future?
Putting an LPA in place while a person still has capacity avoids the need for a deputyship application entirely, since attorneys can act immediately without court involvement.
Can more than one person apply to be a deputy?
Yes, the Court of Protection can appoint joint deputies to act together, or joint and several deputies who can act independently, depending on the family's circumstances.
How much does a deputyship application cost?
Costs include a court application fee, a supervision fee once appointed, and in most cases a security bond premium for financial deputies, in addition to any solicitor's fees for preparing the application.
What can a deputy actually do?
A deputy's powers are set out in the court order appointing them and may be limited to specific tasks, such as managing a bank account or selling a property, rather than giving blanket authority over all decisions.
How long does a deputyship application take?
The process commonly takes several months from submission to a final order, considerably longer than registering an existing lasting power of attorney.
How do I apply to become a deputy?
Applying involves completing forms confirming your relationship to the person who lacks capacity, obtaining a capacity assessment, and submitting a declaration of your suitability to act, along with the relevant fee.
What does the Court of Protection do?
The Court of Protection makes decisions on behalf of people who lack the mental capacity to make decisions for themselves, including appointing deputies and authorising specific one-off decisions.
Our specialists in Court of Protection
Graham Pearce
Director and Head of Department for Conveyancing, Commercial and Charity
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