Making an application to the Court of Protection

We have over 20 years’ experience and specialise in Court of Protection matters, supporting those who lack mental capacity to manage their affairs.

Trusted support with Court of Protection applications, from initial advice through to appointment as a deputy.

There may come a time when a person cannot manage their own financial affairs or personal welfare and are unable to make significant decisions for themselves. Those decisions can be made by someone else on their behalf by becoming their Deputy. The role of a Deputy can vary and may include managing property or accommodation and financial affairs through to dealing with personal welfare and medical treatment.

To become a Deputy, an application needs to be made to the Court of Protection, providing detailed information regarding the circumstances of the person without capacity. The court will review their situation and appoint a Deputy to take responsibility.

Nationally recognised Court of Protection specialists with decades of experience
Our specialist team provides expert advice and can act as professional deputies, or support appointed deputies in managing property, financial affairs and personal welfare matters.

Sensitive, practical legal advice tailored to the unique circumstances of each client and their family.
We explain complex legal matters in plain English, ensuring you understand your options and can make informed decisions with confidence.

Making a Court of Protection application

The majority of cases which our Court of Protection (COP) team manage are the result of a child being damaged at birth and receiving compensation for their injuries. However, we also make applications for people who are mentally incapable of managing their finances, such as those with an age-related illness or an acquired brain injury.

An application can be made for a deputy to also solve issues over time and manage life-changing decisions, or manage a dispute with the family about a person’s best interests.

We work with people from many backgrounds. Our cases include children, young adults and the elderly. Many people find managing a significant sum of money overwhelming. We can help with this.

An award may consist of a lump sum as well as annual income payments. We take financial advice regarding investment and can then either apply to the Court for a Deputy to manage the award for someone who does not have mental capacity, or we can apply for a Personal Injury Trust to manage the award if the claimant is physically damaged, but retains mental capacity.

Once you have instructed our team to work on your behalf, we will make the application to the Court of Protection, completing all of the standard forms and advising you throughout.

We offer a free half hour consultation on all financial matters in respect of Court of Protection issues.

Court of Protection application FAQs

What is a Deputy?

There are two types of Deputy, they are:

Property & Affairs Deputy – A property and affairs deputy manages the vulnerable person’s finances by looking after their bank accounts, pays their care fees and household bills, and buys or sells their residential property.
Personal Welfare Deputy – A personal welfare deputy makes decisions about their general welfare, such as where the vulnerable person lives, the care and (some of the) medical treatment they receive.

What are the Court of Protection application fees?

The court currently charges a £408 application fee.

If your application has resulted out of the settlement of a clinical negligence claim, then your legal fees and disbursements (Court fees etc.) were most likely to have been included in your claim.

The forms to make an application to the Court of Protection are extensive and if an award is going to be more than £1 million then it is recommended that a professional deputy, such as a solicitor, is appointed otherwise there may be difficulty in obtaining the insurance which has to be in place before the court will grant deputyship.

What is the Court of Protection application process for children?

If a child is physically disabled but likely to understand financial decisions at the age of 18 and manage their award, then we can make an application for a Personal Injury Trust to be set up with the parents and a Solicitor as Trustees.

This is so we can manage the funds for the child flexibly and assist the child in understanding how their money can be managed as they get older. Should mental capacity be retained then we can make an application for a Personal Injury Trust appointing Solicitors and the parents as professional Trustees for their child. Such a Trust is flexible and allows decisions to be made quickly and without further intervention of the Court. However, we are keen for the child to join in Trustee meetings when they get older so that they can partake in their own decisions and understand the workings of the trust, as well as building up a relationship with their professional advisors.

The use of a trust offers flexibility on decisions regarding investments, or the purchase of property and all other major decisions can be made without having to make further time-consuming applications to the court.

Having a professional trustee also gives the child an independent person to turn to, should they so wish, and they also act as an officer of the court until the child reaches the age of 18. After the age of 18, the child can choose to continue the trust.

We work closely with the family to achieve the best for the child. We understand the concerns families face and offer an approachable and friendly service, always putting everything in plain English.

How long does a Court of Protection application take?

The amount of time it takes for an application will depend on whether it is contentious or not and if it needs a hearing.

In uncontested applications, non-urgent applications can take up to 1 year, and urgent applications can take up to 6 months. In urgent applications, there is an emergency procedure and interim orders that can be issues within 5 to 6 weeks of submission.

Contact us

If you would like advice regarding a Court of Protection matter, please complete the form and one of our specialists will be in touch as soon as possible.

Rather give us a call:

0800 124 4845

Our Court of Protection case studies

Our Court of Protection solicitors

What our clients say

Very positive experience

We have had a very positive experience with Boyes Turner – we had had many months of difficulties with our daughter’s previous care provider, alongside our local authority making decisions about future care that were against her best interests. The advice and interventions from our solicitor at Boyes Turner, James Pantling-Skeet, were invaluable in arranging the transfer of care to a much better care provider that we had identified, rather than the choice of our local authority. Several months on, it is an immense relief that we finally have care provision that is meeting the needs of our daughter.

Boyes Turner Client

What our clients say

Very gratefully received

I just wanted to thank you not only for your professionalism but also for your compassion and support for Anja and Tom’s situation. You have had a profound impact for Anja, giving hope where there was none. I am sure you will say you are just doing your job but the unexpected humanity you have displayed that is not normally received from lawyers has been very gratefully received.

Marcus

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Thank you for a great result

On behalf of my myself and my family, I would like to thank you for keeping us informed through every stage, and negotiating a great result.

Boyes Turner client

What our clients say

Professional and efficient

Everything was handled in a friendly and sympathetic, but also professional and efficient, manner.

Irene Dowdall

What our clients say

Review following handling of our family’s social care case.

We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability. The case was handled with professionalism and tact.

Andrew

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I would recommend

I would not hesitate in recommending Boyes Turner to anyone.

Mr Hopkins

What our clients say

James is strategic and has high-quality written work

“James is compassionate and results based. He helps defuse legal situations and has a gentle and convincing manner…He is very precise, with an eye for detail, and very approachable.

Chambers and Partners 2024

What our clients say

James Pantling-Skeet is absolutely stellar

They have the unique ability to run complex cases involving community care issues as well as education and disability law. James Pantling-Skeet is absolutely stellar. One to watch for sure.

Legal 500 – 2024

Why choose Boyes Turner?

Watch the video1min 17secs

All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork. We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy, the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

We provide the highest standards of advice, understand that each individual has different needs, and offer a bespoke and caring service.
We have established relationships with care agencies, therapists, fund managers and accountants to provide a ‘joined up’ approach for clients.
We have an extensive and highly experienced Court of Protection team with proven skills in supporting clients in professional deputyship, community care, personal injury trusts and statutory wills.
We are nationally acclaimed Court of Protection solicitors. Boyes Turner is recognised as a leading law firm by legal directories Chambers Directory and the Legal 500.