Court of Protection
If someone you love lacks or has lost mental capacity to handle their property and financial affairs, our expert, client-centred Court of Protection solicitors are here to help.
With the range of responsibilities and the complicated process that needs to be undertaken when you need to make decisions on behalf of a friend or family member, it is often easier to instruct a specialist solicitor to help you with the legal, financial and procedural matters relating to the Court of Protection than to go it alone.
Our experts offer a wide range of services relating to the Court of Protection in compliance with the Office of the Public Guardian, designed to provide you with the legal advice and support you need to help a loved one when they need it most. We can offer you expert advice or representation in court.
The friendly and experienced team at JMW will work closely with family, friends and carers to coordinate the affairs of the person you support. We will begin by building a personal relationship with you and your loved ones to make sure that you are comfortable with us handling such important matters. With our strong knowledge and experience of the rules surrounding Court of Protection and the Mental Capacity Act 2005, you can be sure you are in good hands.
To find out how we can help you or your family with their property and financial affairs, contact us today by calling 0345 872 6666. Alternatively, complete our online enquiry form and we will get back to you.
How JMW Can Help
When you call us, we will discuss your situation with you in a no-obligation chat so we can best understand yours and your family's issues. We will inform you on how we can help, outlining the next steps you should take and briefly explain what you can expect from the process.
If you decide to work with our Court of Protection team, we will guide you through the entire process, helping you to understand your responsibilities and any documents you are required to gather and complete, and maintain clear communication with you throughout the process.
Our welfare services include:
- Deputyships for property and affairs
- Applications to the court
- Litigation support and expert witness drafting
- Looking after an elderly relative’s property and finances
- Acting as an attorney with lasting power
- Acting as a trustee
- Selling a property when the joint owner has lost capacity
- Signing or ending a tenancy agreement
- Overseas or expat support
- Guardianship (Missing Persons) Act
As one of the largest teams in the country with over 230 years of combined experience, we have worked with all types of clients, impairments and legal matters. Our increasing caseload and client retention rates are a testament to our proven level of experience.
Uniquely, the team consists of a number of multilingual members. By supporting those clients whose first language is not English, they are able to gain a greater understanding of their best interests. With our experience and skills, we will be able to assist clients from nearly all backgrounds who lack mental capacity.
Why Choose JMW?
Headed up by Megan Christie-Copeland, the Court of Protection team has a strong track record of successfully handling all issues involving vulnerable and/or incapacitated clients.
In addition to providing Court of Protection services directly to clients, Megan also collaborates with many organisations across the UK promoting awareness and providing training, troubleshooting sessions and seminars to care providers, local authorities, charities and other not-for-profit organisations.
The team also includes Andrew Cusworth, who has close to 30 years of experience dealing with deputyships, Lasting Powers of Attorney (LPAs), estate planning and tax planning, using wills, trusts and lifetime giving.
He is also appointed on the OPG Panel of Deputies, and one of only 14 acknowledged Court of Protection professional deputies across the north of England - where he has been appointed to every panel since it was introduced in 2007. The Court of Protection relies on panel deputies like Andrew when no one else is willing or able to act as a deputy for someone who lacks mental capacity.
The department comprises more than 40 team members who specialise solely in this work, going above and beyond for their clients. This includes being a Dementia Friend Champion, volunteering and fundraising for various charities, being a trustee of a national charity and managing a dance school for young adults with severe learning difficulties.
Members of the team are also on numerous professional bodies, including:
- The Society of Trust and Estate (STEP)
- Practitioners and Solicitors for the Elderly (SFE)
- Court User Group (CuG)
- Law Society Private Client Section
- The Association of Women Solicitors (AWS)
- Birmingham Solicitors’ Group (BSG)
- Founding members for the Professional Deputies Forum (PDF)
- A founding member, vice-chair and strategy and operations manager for the Court of Protection Practitioners’ Association (CoPPA)
We are ranked in both UK Chambers and Partners and the Legal 500 as a top firm for Court of Protection, so you can rest assured that you and your loved ones will receive an exceptional level of service.
FAQs About Court of Protection
What is the Court of Protection?
The Court of Protection is a specialist court which exists to make decisions on legal issues where someone has lost mental capacity to make decisions for themselves. The Court of Protection helps by appointing deputies to ensure that the individual can receive the help they need from a trusted deputy, whether that is a family member, friend or a solicitor, such as ourselves.
What does the Court of Protection do?
The Court of Protection allows for the management of finance, health and welfare matters affecting people lacking capacity to make the decisions for themselves. The Court of Protections is responsible for:
- Deciding whether a person has capacity to make a particular decision for themselves.
- Where a person lacks capacity, appointing a deputy to make ongoing decisions about their property and finances, or heath and welfare matters.
- Making specific decisions on behalf of a person who lacks capacity
- Deciding whether a Lasting Power of Attorney or Enduring Power of Attorney is valid
- Removing deputies or attorneys who fail to carry out their duties properly.
What is a deputyship?
If someone has lost the capacity to manage their own affairs and no valid Lasting Power of Attorney is in place, an application can be made to the Court of Protection to appoint a person to act as their deputy. An individual can apply to be a deputy for a person’s property and affairs, health and welfare decision, or both. The deputy must act in the best interests of the person who lacks mental capacity when making decisions on their behalf.