Court of Protection
Solicitors
Our expert solicitors can help you with every aspect of planning
Ash Hill Solicitors
We know how difficult it can be when your family member or loved one is no longer able to manage their own affairs. Ash Hill Solicitors work with integrity and compassion to help you make the right decisions for your loved one.
What Is the Court of Protection?
The Court of Protection has special legal powers to manage the financial and well-being decisions of adults in England and Wales who can no longer make decisions for themselves due to lack of mental capacity.
In most cases, they will approve the application for deputyship from someone else (a deputy) the authority to make these decisions for a person who is incapacitated. Alternatively, the Court may appoint a panel deputy. The court can make one-off decisions on behalf of someone who lacks mental capacity in very urgent situations.
Who Needs a Court of Protection Solicitor?
You may need the help of Court of Protection solicitors if you are wanting to become a deputy for a loved one who does not have a Lasting Power of Attorney. The application for deputyship can be arduous, and a solicitor can help you make a complete application and avoid unnecessary delays.
Ash Hill Solicitors makes the process of applying for a deputyship as straightforward as possible. Our team works with care and integrity to ensure your loved one is taken care of legally and with dignity.
Our Court of Protection Legal Services
Ash Hill Solicitors provide guided legal support to you and your family through every stage of the application to the Court of Protection. We take care of:
Deputyship Applications
We help you apply to become a property and financial affairs deputy or a health and welfare deputy. We will advise you on what you need to do in line with the needs of your loved one and guide you through the process with care.
Power of Attorney & Capacity Advice
We can help you get ahead of the situation and save your family the worry by helping you set up a Lasting Power of Attorney. We explain everything in simple terms and make sure your wishes are clearly recorded.
Understanding Mental
Capacity
Having mental capacity means that someone can understand and retain information and then evaluate that information in order to make a decision. Sadly, people can lose this ability suddenly after an injury or illness. They may also gradually lose this ability over time if they have a condition like Alzheimer's.
The Court of Protection will need to receive an application from an appropriate person and appoint a deputy if the person without mental capacity has not decided upon an LPA beforehand.
Deputyship Explained
Deputyship gives someone legal authority to act on behalf of a person who has lost mental capacity. Unlike an LPA (where someone chooses who takes on responsibility in advance), the court decides who should take on the role.
Our
wills and probate solicitors in Harrow are on hand to support families through this process and to help with any related estate planning or inheritance issues.
Statutory Wills and Gifting Applications
You might need to apply to the Court of Protection to draft a statutory will on behalf of your loved one if they have not already got a valid will in place. Statutory wills help make sure that your family member's estate is divided up fairly and their wishes are respected as much as possible.
The Ash Hill Solicitors team are able to help you with applications for gifting, too. These gifts can be charitable donations or financial support for family members; they may also be a way to protect your loved one's estate from any unnecessary tax liabilities.
Court of Protection Disputes
There may be times when your family cannot agree on who should act as a deputy for your loved one or how decisions regarding their health or finances should be made.
Ash Hill Court of Protection solicitors are experienced in managing disputes like these in a calm and professional way. We work hard to protect the dignity and the rights of your loved one through informal negotiations and formal court proceedings where necessary.
Why Choose Us as Your Court of Protection Solicitors
Our Court of Protection solicitors work hard to provide families across London with accessible multilingual support in English, Urdu, Punjabi, and Basic Arabic. Our clients trust Ash Hill Solicitors to manage their loved one's affairs with integrity. We always make decisions with the rights and the well-being of your family at the forefront of our minds.
FAQs
What does a Court of Protection solicitor do?
We help families to prepare documents to apply to the court and secure deputies for their loved ones. We also handle any disputes that may arise.
How long does a deputyship application take?
It is expected that your deputyship application will take 6 to 12 months. We can provide clearer guidelines during your consultation.
Can I challenge a deputyship decision?
We can absolutely help you challenge a deputyship decision if there are valid concerns about the well-being of your loved one.
Is Legal Aid available for Court of Protection cases?
Legal Aid is not normally available for cases involving the health and welfare of your loved one. We can help you check your eligibility.
Do I need a solicitor for the Court of Protection?
No, but the process can be complex and mistakes can cause delays. Working with a solicitor helps you to know that everything is done properly.
