Wills, Trusts & Probate

Court of Protection Solihull

Helping you to help those you care about

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When a loved one loses mental capacity it's important to ensure that their best interests are being looked after. We can help you to decide the best way to do this, which may include making an application to the Court of Protection.

There are many situations which would fall under the jurisdiction of the Court of Protection. One of these might be where someone has lost mental capacity and can no longer make decisions for themselves but did not make a Lasting Power of Attorney. We can make an application to the Court of Protection to appoint a Deputy to look after their affairs.

The Court will appoint a Deputy and will decide what decisions they can or cannot make.

We can guide you through the process of making an application to the Court.

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.

Our specialists in Court of Protection

Graham Pearce

Director

Rachel Ison

Solicitor

Lauren Cerri

Trainee Solicitor

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