Smith Sutcliffe Solicitors

Court of Protection

When an individual lacks the capacity to manage their financial affairs, they need someone to help them with important financial decisions. A Court of Protection lawyer can help a person to make decisions should they lack the ability to do so themselves due to learning difficulties, old age, mental health problems or due to the result of sustaining an acquired brain injury following an accident or medical negligence.

You might need a Court of Protection lawyer if:

  • You want a family member, friend or lawyer to take over the management of your financial affairs either now or in the future
  • You are concerned about a loved one’s capacity to manage their affairs
  • You are responsible for managing someone’s financial affairs (as a Deputy or because you have a Power of Attorney)
  • You are concerned about the way someone’s affairs are being managed.

We can put safeguards in place to ensure decisions are made in the best interests of a person who lacks capacity to manage their affairs.

The Court of Protection makes decisions relating to the property, finances and welfare of people who lack mental capacity. The Court can delegate some of its authority by appointing a deputy.  A Court of Protection lawyer is an expert who can assist you with Court of Protection matters.

Our specialist team of lawyers can help to:

  • Explain the options and guide you through the process
  • Help you apply to be appointed as a Deputy for a relative or friend
  • Act as a deputy for you or for a relative or friend who lacks capacity
  • Help existing deputies make application (e.g. for gifts, wills and property transactions)
  • Prepare a Lasting Power of Attorney and advise donors and attorneys
  • Set up a personal injury trust
  • Act in contentious litigation situations e.g where an application is contested
  • Act as an expert witness for litigation lawyers when considering past and future professional costs.

Contact a member of our Private Client Team for further information


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