Court of Protection Solicitors

When dealing with issues of mental capacity and the Court of Protection, it’s essential to have a legal team that combines deep expertise with empathy and understanding. Based in London, Wellingtons Solicitors specialises in guiding families through these sensitive matters, offering tailored support to protect the rights and wellbeing of vulnerable individuals. If you’re facing decisions about a loved one’s care, finances, or welfare, our experienced solicitors are here to provide clear advice and steady guidance every step of the way.

Navigating the Complex World of the Court of Protection

The Court of Protection is a specialist court in the UK that makes decisions on behalf of individuals who lack the mental capacity to make specific decisions for themselves. This could be due to a variety of reasons, including dementia, a stroke, a brain injury, or a learning disability. The Court’s primary role is to protect the rights and best interests of vulnerable individuals, ensuring that any decisions made on their behalf are in their best interests and in accordance with the Mental Capacity Act 2005.

Services Wellingtons Solicitors Offers in Court of Protection Matters

We offer a comprehensive range of services to support individuals and families navigating the Court of Protection. We understand that each case is unique, and we tailor our approach to meet your specific needs and concerns.

Here’s how we can assist you:

• Court of Protection Deputyship: If a loved one lacks the capacity to manage their own affairs and doesn’t have a Lasting Power of Attorney in place, you may need to apply to the Court of Protection to become their Deputy. We can guide you through the application process, ensuring that all the necessary paperwork is completed accurately and efficiently. We can also act as professional deputies if there is no one else suitable or willing to take on the role.
• Personal Injury Trusts: If a loved one has received compensation as a result of a personal injury claim, setting up a Personal Injury Trust can help protect their entitlement to means-tested benefits and local authority funding for care fees. We can advise on the establishment and management of Personal Injury Trusts, ensuring they are set up in accordance with legal requirements.
• Court of Protection Problems & Disputes: Disputes within the Court of Protection can arise for various reasons, such as disagreements between family members about care arrangements or concerns about a Deputy’s conduct. Our team can provide expert legal advice and representation to resolve disputes effectively and protect the best interests of the vulnerable individual.
• Healthcare and Social Services: Decisions about healthcare and social services can be particularly challenging when a loved one lacks capacity. We can advise on best-interest decisions regarding medical treatment, living arrangements, and care provision, ensuring that their wishes and preferences are taken into account.
• Powers of Attorney Disputes: Disputes can arise regarding the actions of an attorney acting under a Lasting Power of Attorney or Enduring Power of Attorney. If you have concerns about an attorney’s conduct or believe they are not acting in the best interests of the person they represent, we can provide legal advice and representation to resolve the dispute.
• Statutory Wills Solicitors: If a loved one lacks the capacity to make a will, an application can be made to the Court of Protection for a Statutory Will to be created on their behalf. We can advise on the process and represent clients in making or objecting to Statutory Will applications.

Court of Protection Frequently Asked Questions

Navigating the Court of Protection can be confusing, so we’ve compiled a list of frequently asked questions to provide clarity and guidance:

• What is mental capacity? Mental capacity refers to the ability to make your own decisions. Someone lacks capacity if they cannot understand information, retain that information, use it to make a decision, or communicate their decision.
• Who can apply to be a Deputy? Family members, friends, or professional advisors can apply to be a Deputy. The Court will consider who is most suitable to act in the best interests of the person lacking capacity.
• What are a Deputy’s responsibilities? A Deputy is responsible for making decisions on behalf of the person lacking capacity, managing their finances (if appointed as a Property and Affairs Deputy), and reporting to the Office of the Public Guardian.
• What if I disagree with a decision made by a Deputy? If you have concerns about a decision made by a Deputy, you can raise these concerns with the Office of the Public Guardian or apply to the Court of Protection for a review of the decision.
• How can I ensure my loved one’s wishes are respected? It’s important to involve the person lacking capacity as much as possible in the decision-making process, taking into account their past wishes and feelings. The Court of Protection will always consider what is in the person’s best interests.

Why Choose Wellingtons Solicitors?

We pride ourselves on providing expert legal advice with a personal touch. We understand the emotional challenges involved in Court of Protection matters, and we’re committed to supporting you and your family every step of the way. Our team has a wealth of experience in all areas of capacity law, and we’re dedicated to achieving the best possible outcome for our clients.

If you need assistance with any Court of Protection matter, please don’t hesitate to contact us for a confidential consultation. We’re here to help you navigate this complex area of law and protect the rights and well-being of your loved ones.