Making decisions for your loved ones
At Nelsons, we understand the complexities and sensitivities involved in managing the affairs of a loved one who is no longer able to do so themselves.
Our dedicated team of Court of Protection solicitors in Derby, Leicester and Nottingham offers expert support and guidance through every step of the legal process, ensuring the best possible care for those who lack the mental capacity to make their own decisions.
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Our Court of Protection team
Our specialist team has many years of expertise in Court of Protection applications and administration concerning an individual’s property and financial affairs and advises on applications for the appointment of a deputy, making of a Statutory Gift or Statutory Will and the applications concerning a trustee who has lost capacity.
We can also act as a professional deputy and provide specialist investment advice from our in-house Investment Management team, which includes a comprehensive ongoing review service.
Our Court of Protection services:
- Deputyship application and management – We assist in the application for deputyship, guiding you through the complexities of the process. Once appointed, we can help manage the responsibilities that come with the role, ensuring compliance with legal obligations and the best interests of the person you’re supporting.
- Lasting Powers of Attorney (LPA) – Our team can help draft and register LPAs, ensuring that your loved ones’ wishes are respected and that their affairs are managed according to their preferences should they lose capacity in the future.
- Trusts and estate planning – We provide comprehensive advice on setting up Trusts and planning estates to secure the financial future of those under your care, tailored to their unique needs and circumstances.
- Advocacy and dispute resolution – Should disputes arise, our experienced solicitors offer robust representation and strive for resolutions that protect the welfare and rights of the vulnerable individual.
Meet the team
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Gemma HopperLegal Director & Solicitor
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George NevilleSenior Associate & Solicitor
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Tanya KirmanAssociate & Legal Executive
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Naomi McFaddenAssociate & Solicitor
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Grace FashanuTrainee Solicitor
Why choose Nelsons?
Expertise – Our solicitors are specialists in Court of Protection law, providing top-tier legal advice tailored to your unique circumstances.- Compassionate service – We approach every case with sensitivity and understanding, ensuring that the needs of the vulnerable person are always at the forefront.
- Efficiency – We pride ourselves on our ability to act swiftly and effectively, minimizing stress and maximizing outcomes.
- Transparency – Clear communication is key. We keep you informed at every stage, respecting your level of involvement in decision-making.
- Cost-effective – We strive to deliver our services in the most cost-effective manner, without compromising on quality or care.
Testimonials…
Make an enquiry
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Court of Protection FAQS
Below, we have answered some frequently asked questions concerning court of protection
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What is the Court of Protection?
The Court of Protection is the specialist Court for all issues relating to people who lack the mental capacity to make their own specific decisions and have the power to make decisions about:
- A person’s capacity to make a decision
- The personal welfare, property or affairs of people who lack capacity
- Serious medical treatment – providing, withdrawing or withholding treatment to a person without capacity
- Appointing a Deputy to make ongoing decisions for a person who lacks mental capacity
- A Lasting Power of Attorney or an Enduring Power of Attorney – whether the power is valid, objections to registration, the scope of Attorney powers and removal of Attorney powers.
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What happens if I don't have an Attorney in a Power of Attorney or if I do not have the mental capacity to make a Power of Attorney?
If you have not appointed an Attorney in a Power of Attorney or if you do not have the mental capacity to make a Power of Attorney, there might be the need for the Court to appoint a Deputy. You will need to apply to the Court to appoint a Deputy and the Court will then set out the Deputy’s powers in a Deputy Order.
If you are appointed as a Deputy for property and affairs, your powers may include receiving benefits, pensions or interest on investments. If you have been appointed as a Deputy for personal welfare, you may be authorised to make decisions about care or medical treatment.
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Who can act as a Court of Protection Deputy?
The Court is usually willing to appoint a family member to act as Deputy as long as they:
- Are over 18 years of age;
- Are not bankrupt; and
- There is no objection from other concerned parties.
In certain instances, such as where a large personal injury settlement is due to be received, the Court may prefer to appoint a Professional Deputy (generally a solicitor) who is experienced at handling large sums of money and dealing with complex financial arrangements, such as the employment of carers.
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How is a Court of Protection Deputy appointed?
It’s a simple process, based on the following steps:
- An expert medical practitioner is asked to provide a report confirming that the individual lacks the mental capacity to manage their affairs
- An application is then prepared and submitted to the Court. This will include the capacity report as well as details of the individual’s finances and present situation
- The Court will formally issue the application, and notices will then be sent to certain people who can object if they do not agree with the appointment
- An Annual Surety Bond is set up. This will compensate the individual if the Deputy misuses their money
- The Deputyship Order is then issued by the Court.
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What does it cost to set up a Court of Protection Deputyship?
Our cost in dealing with a Court application for a professional appointment is £1,204 plus VAT. In respect of a Court application for a lay appointment, our fees range from £1,800 to £2,500 plus VAT. A Court fee of £408 is also payable with these applications.
Annual Bond fees can range from £80 to £400, and the medical practitioner may also charge for the capacity report.
There will also be ongoing annual costs which we can discuss with you. Should a professional be appointed as a Deputy then these costs may be substantial.
These fees are our standard costs but these charges may be higher if your case is more complex. If this is the case then we will provide you with a quote. However, in most cases, our standard fees will apply.
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What do I do if I want to set up a Court of Protection Deputyship?
If you would like go ahead or would like more information, please call us on 0800 024 1976 or contact us via our online form and we will be happy to discuss your circumstances in more detail.
Get in touch
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