The Court of Protection is a specialist division of HM Courts & Tribunals Service. It makes legally binding decisions about the financial affairs and personal welfare of people who lack the mental capacity to make those decisions themselves.
Based in London, the Court is presided over by district judges and a senior judge. If you are searching for a Court of Protection solicitor in London, it is important to understand what this Court can and cannot do — and why acting early could save you significant time and stress.
When Does the Court of Protection Get Involved?
A person may lose mental capacity for a number of reasons. The most common is the advanced stages of dementia, but it can also result from a serious brain injury, stroke, learning disability, or mental health condition.
When someone can no longer make decisions for themselves, the Court of Protection can:
- Appoint a deputy (or deputies) to manage their financial affairs and/or welfare decisions
- Make one-off decisions on urgent matters — for example, authorising medical treatment or the sale of property
- Decide whether someone is being deprived of their liberty — ensuring that any restrictions on a person’s freedom are lawful and proportionate
In most cases, the deputy appointed by the Court is a close family member. However, where there is a family dispute, no suitable relative, or the affairs are complex, a professional deputy such as a solicitor may be appointed instead.
Why Planning Ahead With an LPA Matters
If you still have mental capacity, you have the option of making a Lasting Power of Attorney (LPA). This allows you to choose, in advance, who you trust to manage your property and financial affairs or your health and welfare if you lose the ability to do so yourself.
An LPA is quicker and far less stressful than a Court of Protection application. It also gives you control over who acts for you and how.
If you lose capacity without having an LPA or an older Enduring Power of Attorney (EPA) in place, the Court of Protection becomes the only option. At that point, the decision about who manages your affairs is taken out of your hands entirely.
This is why, as a leading Court of Protection solicitor in London, we always stress the importance of making an LPA while you still can. It is one of the most important legal documents you will ever sign.
How to Apply to the Court of Protection
Before a deputy can act, a formal application must be made to the Court. This involves:
- Completing the prescribed application forms — these are detailed and must be filled in correctly
- Obtaining a medical assessment — a GP or consultant must confirm in writing that the individual lacks the mental capacity to make decisions for themselves
- Providing a full picture of the person’s finances — if the deputyship is for property and financial affairs, you will need to disclose details of their assets, income, and liabilities
- Notifying close relatives and interested parties — the law requires that certain people are informed of the application and given the opportunity to raise any concerns about the proposed deputy
The Court can refuse an application if it considers the proposed deputy to be unsuitable, or if there are unresolved objections.
Once submitted, a deputyship application typically takes 3 to 6 months to be processed. Given the complexity of the forms and the evidence required, we strongly recommend instructing an experienced Court of Protection solicitor in London to handle the application on your behalf.
What Is Expected of a Deputy?
Being appointed as a deputy is a serious legal responsibility. A deputy must:
- Act in the person’s best interests at all times, in accordance with the Mental Capacity Act 2005 and the related Code of Practice
- Keep accurate and detailed records of all financial transactions and decisions made on the person’s behalf
- Submit an annual report to the Office of the Public Guardian, who supervises deputies on behalf of the Court
- Seek the Court’s permission before making major decisions — for example, selling the person’s home
The Court sets one of three levels of supervision for each deputyship, depending on the complexity of the case and any concerns raised during the application process. Deputies must account to the Court at all times.
Why Choose Adel Jibs & Co as Your Court of Protection Solicitor in London?
At Adel Jibs & Co Solicitors, our team has extensive experience in Court of Protection applications, deputyship matters, and Lasting Powers of Attorney. Based in Enfield, North London, we act for families across London and beyond.
We understand that dealing with a loved one’s loss of capacity is an emotional and difficult time. We guide you through every step — from completing the application forms and obtaining the medical evidence, to liaising with the Court and the Office of the Public Guardian.
Whether you need help with a deputyship application, want to make an LPA while you still can, or need urgent advice about a family member’s care, we are here to help.
Get in Touch
If you are looking for an experienced Court of Protection solicitor in London, contact Adel Jibs & Co Solicitors today. We offer an initial consultation to discuss your situation and advise you on the best way forward.