020 7387 2032

The Court of Protection was established pursuant to the Mental Capacity Act 2005. The Court handles instances where an individual has been considered to have lost capacity to make decisions about their finances, welfare and health. It will also handle instances where a person wishes to revoke a Lasting Power of Attorney or advance decision under a Living Will. In any case, the Court will consider what action would be in the best interests of the individual.

If a family member becomes incapacitated due to mental illness, a disabling injury, Alzheimer's, dementia, brain damage or another reason, someone must step in and manage his or her affairs. At Lewis Nedas, we help individuals go to the Court of Protection to gain legal permission to make decisions for their loved ones.

We understand that this may be a difficult time for you and your family. Our solicitors will step in, answer your questions and facilitate a smooth transition of responsibility for your family member's financial affairs into your care.

Eligibility to apply to the Court of Protection

Any person over the age of 18 can apply to the Court to ask it to make a decision about action taken on their behalf. A legal guardian can apply on behalf of a child under the age of 18. If granted permission from the Court, family members and local authorities can apply.

Decision-making remit

Where local authorities, the NHS and family members disagree as to whether a person has mental capacity to handle their affairs or what is in the best interests, the Court will review the parties’ views and resolve the dispute.

The Court can also hear claims where mental capacity is in issue, such as contract disputes and landlord and tenant issues, and where capacity to make a Will has been called into question. A deputy can be appointed to represent the person whose capacity is called into question, with appointed family members usually being trustees over the age of 18. A deputy will have similar powers to an appointed Power of Attorney.

Deprivation of liberty

Decisions on an individual’s freedom that implicate mental capacity can be particularly delicate. Deprivation of liberty under the Mental Capacity Act is done so in order to keep that person safe from harming themselves or others. In some cases, a person detained can challenge their detention under the UK’s Human Rights Act 1998.

Costs of applying

If an applicant is appealing a prior decision that entails a deprivation of their liberty, such as lodging within a care home or hospital, then a solicitor will be allocated at no cost. In all other circumstances legal aid will be means tested.

Appealing decisions of the Court of Protection

A decision of the Court can be appealed to the English & Welsh Courts of Appeal.

Contact our Court of Protection Solicitors London

Our solicitors have extensive experience in handling matters relating to the Court of Protection. We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Court of Protection Lawyers today on 020 7387 2032 or complete our online enquiry form.

Please let us know your name.
Please let us know your email address.
Please enter a valid phone number
Invalid Input
Please let us know your message.

Top Ranked Lawyers: Legal 500 

Celebrating our 35th anniversary in 2017, we are leaders in criminal defence, serious fraud, serious crime and many other areas of legal practice. We have been involved in many leading cases over the last 35+ years and are well known for our genuinely high acquittal rate and overall success rate. Please click the Legal 500 logo below for more information about our rankings.

We are happy to help

Get 24/7 Legal Advice, call

020 7387 2032

“I was put in touch with Lewis Nedas Law through a mutual friend and I was not disappointed. The team were nothing but straight forward, honest and realistic about the nature of my case and the expected outcome from the minute I got in contact and were willing to take over from the previous company at very short notice. With their unrivalled experience and expertise in their profession the outcome was even better than expected and I couldn’t recommend them enough.”

Accreditations and Awards

  • lewis nedas best law firm 129x73
  • Google 5 stars