Court of Protection

When a person has been assessed as lacking mental capacity and does not have in place an appropriate Lasting Power of Attorney, the Court of Protection will often become involved. Most commonly, when we think of mental incapacity we think of debilitating conditions such as Alzheimer’s Disease or Dementia which often affects us as we get older. Capacity can, however, become impaired at any stage of life for instance, if you were to be involved in an accident or even injuries sustained at birth.

Fraser Dawbarns LLP offers specialist advice and services relating to issues concerning an individual’s mental capacity and the associated proceedings at the Court of Protection.

The Court of Protection is there to preside over decisions that have to be made in relation to people’s care, medical treatment and matters relating to their finances. The Court will often make an Order appointing a suitable person to act as another’s ‘Deputy’ and with the authority of the Court, a Deputy can make decisions about the property and affairs and welfare of a person lacking capacity.

A Deputy appointed under such an Order has a range of moral and legal obligation towards a person under their care, and therefore any such decisions they make must be given the most careful consideration.

Fraser Dawbarns LLP offers a full range of services to our clients that are seeking to be appointed as a Deputy through the Court of Protection. As well as submitting an application to the Court we are able to guide our clients throughout their time as a Deputy, providing advice on all decisions they may need to make as well as assisting them with the preparation and submission of annual reports as and when required by the Court.

In addition to Deputyship applications, we can also assist clients wishing to seek an Order from the Court of Protection on issues including:-

  • Applications for Statutory Wills
  • Health and Welfare decisions
  • The authority to issue legal proceedings on behalf of someone lacking capacity
  • The sale and purchase of property.

If circumstances require, we will make an application to the Court of Protection on behalf of a client to be appointed as a Professional Deputy, most commonly in relation to their property and affairs.

Applications to the Court can sometimes give rise to disagreement and dispute between family members and other interested parties. Should this happen we have the expertise to guide you through contentious proceedings or wishing to bring an objection to proceedings brought by somebody else. Members of our Civil Litigation Department are able to deal with all aspects of contentious Court of Protection matters.