Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
The Court of Protection plays a key role in protecting vulnerable individuals who are unable to make decisions for themselves. If a family member has lost mental capacity through illness, injury, dementia, or another condition, obtaining legal guidance at an early stage can help safeguard their welfare, finances, and future care arrangements.
At Lewis Nedas Law, our Court of Protection solicitors advise families, attorneys, deputies, and carers on a wide range of Court of Protection matters. As a Legal 500 Leading Firm 2026 and recognised by The Times Best Law Firms 2026, we have more than 40 years of experience supporting clients across London. Contact our team today on +44 20 7387 2032 or complete our online contact form for advice.
Call +44 20 7387 2032 Arrange a ConsultationThe Court of Protection is a specialist court in England and Wales that makes decisions for individuals who lack the mental capacity to manage their own affairs.
The court has authority to determine matters relating to:
Property and financial affairs
Health and welfare decisions
Deputyship appointments
Care arrangements
Medical treatment disputes
Gifts and estate planning applications
Decisions concerning vulnerable adults
The court operates under the Mental Capacity Act 2005, which provides the legal framework for assessing capacity and making decisions in a person's best interests.
Mental capacity refers to a person's ability to make a specific decision at the time it needs to be made. An individual may lack capacity if they are unable to:
Understand relevant information
Retain information long enough to make a decision
Weigh information as part of the decision-making process
Communicate their decision
Capacity can be affected by conditions such as:
Dementia
Alzheimer's disease
Brain injuries
Stroke
Learning disabilities
Mental health conditions
A person may have capacity to make some decisions but not others, depending on the complexity of the issue involved.
Where an individual has lost mental capacity and does not have a valid Lasting Power of Attorney in place, it may be necessary to apply to the Court of Protection for the appointment of a deputy. A deputy is authorised by the court to make decisions on behalf of the individual who lacks capacity.
This allows a deputy to manage:
Bank accounts
Investments
Property sales and purchases
Household expenses
Pension income
Benefits claims
Tax matters
Health and welfare deputyships are less common and are usually granted where ongoing decisions concerning care or medical treatment cannot be resolved through other means.
Our solicitors can assist with the preparation and submission of deputyship applications and provide ongoing advice regarding deputy responsibilities.
Disagreements can arise between family members, carers, medical professionals, deputies, and attorneys regarding decisions made for a vulnerable person. Court of Protection disputes may involve:
Challenges to deputy appointments
Concerns regarding financial management
Disputes over care arrangements
Medical treatment decisions
Allegations of financial abuse
Objections to property sales
Questions concerning a person's capacity
These matters can be highly sensitive and emotionally challenging. Our solicitors provide clear legal advice aimed at resolving disputes efficiently while protecting the interests of the vulnerable individual.
A statutory will may be required where a person lacks the mental capacity to make or amend a will themselves. The Court of Protection has the authority to approve a will on behalf of the individual where this is considered appropriate in their circumstances.
Applications for statutory wills can be complex and require detailed evidence regarding:
The person's assets
Family circumstances
Existing testamentary wishes
Best interests considerations
Our team advises families and deputies throughout the statutory will application process.
Many Court of Protection applications arise where no Lasting Power of Attorney (LPA) has been created before capacity is lost. An LPA allows an individual to appoint trusted persons to make decisions regarding property and financial affairs, and health and welfare matters.
Creating an LPA at an early stage can often avoid the need for a deputyship application and reduce future legal costs and delays. Our private client solicitors can advise on both LPAs and Court of Protection matters to help families plan ahead.
The first step is to identify whether the person can make the relevant decision themselves. Mental capacity is decision-specific, so a person may be able to make some choices but not others.
Before applying to the Court of Protection, check whether the person has a valid Lasting Power of Attorney. If an LPA exists, a deputyship application may not be needed.
You may need a deputyship order for property and financial affairs, a health and welfare order, or a specific decision order, depending on the issue.
The court will usually require evidence of the person's capacity, assets, income, care needs, and family circumstances. Accurate evidence helps avoid delay.
The application must be completed carefully and sent to the Court of Protection with the correct forms, evidence, and court fee.
Certain family members and interested parties must be told about the application. They may support it, raise concerns, or object.
The court may ask for further evidence. If someone objects, the matter may need additional directions, negotiation, or a hearing.
Once approved, the court will issue an order setting out what the deputy or applicant can and cannot do.
Deputies must keep records, act in the person's best interests, avoid conflicts, and report to the Office of the Public Guardian where required.
For more than four decades, Lewis Nedas Law has provided trusted legal advice to individuals and families throughout London. Clients choose our Court of Protection solicitors because we offer:
Legal 500 Leading Firm 2026 recognition
Inclusion in The Times Best Law Firms 2026
More than 40 years of legal practice in London
Extensive experience in mental capacity matters
Sensitive and practical legal advice
Representation in contested Court of Protection proceedings
Support for families, deputies, attorneys and carers
We understand the importance of protecting vulnerable individuals and helping families make informed decisions during difficult circumstances.
It is a specialist court in England and Wales that makes decisions for people who lack the mental capacity to manage their own affairs.
Family members, friends, professionals, or local authorities may apply to be appointed as deputy by the Court of Protection.
Most applications take several months depending on their complexity and whether any objections are raised.
Yes. Certain decisions can be reviewed or challenged through the court. Legal advice should be sought promptly if you wish to contest a decision.
If no valid LPA is in place and a person lacks capacity, a deputyship application to the Court of Protection may be required to manage their affairs legally. Creating an LPA while a person still has capacity can prevent this need arising.
If you require advice regarding deputyship applications, mental capacity issues, statutory wills, Court of Protection disputes, or the management of a vulnerable person's affairs, our experienced solicitors are here to help.
As a Legal 500 Leading Firm 2026 and recognised by The Times Best Law Firms 2026, Lewis Nedas Law has been advising clients across London for more than 40 years.
Contact our Court of Protection lawyers today on +44 20 7387 2032 or complete our online contact form to discuss your circumstances.
Call +44 20 7387 2032 Arrange a ConsultationThis page provides general information about the Court of Protection in England and Wales and does not constitute legal advice. Every case will depend on its own facts and the applicable legal provisions under the Mental Capacity Act 2005.
