Court of Protection & Deputyships

Sometimes an individual does not have the capacity to make a Lasting Power of Attorney and in such circumstances, it may be necessary to apply to the Court of Protection for the appointment of a Deputy to enable the appropriate management of the individual’s affairs.   This can occur because of a sudden life changing event such as an accident or due to illness. In accident related cases we are able to work closely with our Personal Injury department to offer a specialist yet comprehensive service for and on behalf of individuals who lack capacity to handle their own affairs or make decisions regarding their own welfare due to suffering an accident. How we can help?

The Mental Capacity Act 2005 created a new Court of Protection to make decisions in relation to property and affairs and personal welfare of adults (and children in some cases) who lack mental capacity.  We can help contact and work with the Court as well as liaising with the medical profession to prepare the medical report COP3. The Court are responsible for appointing deputies for people who are unable to make a Lasting Power of Attorney.

We can act as a professional deputy as well as advising lay deputies.  If the financial affairs are complex due to a medical negligence claim or an accident, a professional deputy can be appointed by the court. This appointment is not just legal, a professional deputy needs to know their client, family and friends so must talk to all involved to act in the client’s best interests. However, the Mental Capacity Act is empowering, encouraging people to make decisions themselves as far as possible.

What to do now?

Please contact us today on 01727 228 890 or email


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which is authorised and regulated by the Solicitors Regulation Authority. The registered office is Suite 2, Phoenix House, 63 Campfield Road, St Albans, Herts AL1 5FL.

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