Experienced Court of Protection Solicitors

The Court of Protection exists to protect vulnerable individuals and their families. Our Court of Protection solicitors specialise in helping people navigate the complex Court of Protection processes, allowing you to focus on what truly matters – your cherished family member.

Many of us will become carers at some point in our lives. Whether you are caring for an ageing parent, an adult child with a disability, or a friend facing a health challenge, their well-being and dignity are your utmost concerns.

Need support with Court of Protection matters?

If you require assistance with the Court of Protection, our experienced and compassionate solicitors in Sheffield and Barnsley are here to help. We understand the complexities of the Court of Protection and are committed to providing the guidance and support you need to ensure the best care and protection for your loved one.

We have local offices in Barnsley and Hoyland and across Sheffield in Penistone, Attercliffe, Hillsborough and Gleadless. Give us a call at your nearest branch or fill in our online enquiry form, and we’ll give you a call back as soon as possible.

Caring for those with limited mental capacity

Sometimes, a person may be unable to make important decisions due to various reasons such as dementia, brain-related illnesses, injuries, unconsciousness, learning disabilities, or severe mental health conditions. People who cannot make their own decisions are said to lack ‘mental capacity’.

When someone lacks the capacity to make decisions, it can be challenging to access essential services, as organisations often require legal permission to share information or make decisions on behalf of your loved one.

For example, a bank won’t usually let you access someone’s bank accounts to do things like pay bills unless you have legal permission (such as a Lasting Power of Attorney signed by your loved one when they still had mental capacity).

This is the case even if you are the spouse, civil partner or long-term partner of the person who needs support.

The Court of Protection plays a vital role in resolving these challenges, and our Court of Protection solicitors are here to provide the assistance you need.

What is the Court of Protection?

The Court of Protection is a specialist legal entity, established to make decisions on behalf of individuals who lack mental capacity.

The Court has many powers, including the assessment of mental capacity and the authorisation of decision-makers for those who need support.

How can our Court of Protection solicitors assist you?

Our team of Court of Protection solicitors are dedicated to equipping you with the tools and guidance required to provide your loved one with the best possible care, ensuring their safety and protection.

We can assist you in applying to the Court of Protection to become a Deputy – a person who is legally authorised to make decisions for someone who lacks mental capacity.

To become a deputy, you need the Court to grant you a Deputyship Order. The application process is quite long and complex, so having legal advice and support is crucial. Our service includes:

  • Explaining the application process, its suitability for your situation, and potential challenges
  • Assisting in completing and submitting the necessary application forms, including coordinating with medical professionals for mental capacity assessments
  • Informing relevant parties about the application, including the person you wish to become Deputy for and three individuals who are acquainted with them
  • Representing you during any hearings

If your Deputyship Order is granted, we can also provide advice about fulfilling your responsibilities as a deputy, including:

  • Advising you on what you can and cannot do as a Deputy
  • Conducting ongoing mental capacity assessments
  • Assisting you in making decisions for the person who lacks mental capacity
  • Administrative support, including keeping accounts, tracking gifts and expenses, managing bank accounts, paying fees (such as care home fees), and preparing deputy reports

We can also help you with other types of Court of Protection applications, including:

  • Applications to sell jointly-owned property
  • Making or changing a Will (Statutory Wills)
  • One-off decisions (for example, if you need to make a decision not covered by your Deputyship Order)
  • Urgent and emergency decisions
  • Deprivation of liberty applications and challenges

The roles of a Court of Protection Deputy

There are two types of Court of Protection Deputies:

  • Property and Financial Affairs Deputy: Manages financial matters, including paying bills, managing bank accounts, collecting pension payments or benefits, and selling property (excluding jointly owned property)
  • Personal Welfare Deputy: Makes decisions concerning a person’s care, day-to-day routine and medical treatment

The type of Deputy you become depends on your loved one's specific needs and what is deemed in their best interests. You can apply to become either or both types of deputy.

The Court will usually only appoint a personal welfare deputy where it is in the person’s best interests, and specific decisions need to be made (for example, decisions about where the person will live).

How do you apply to become a Court of Protection Deputy?

Becoming a Deputy involves several steps, including filing various forms with the Court of Protection, obtaining capacity assessments from qualified medical professionals, and providing essential information about the person's finances or personal welfare.

You must inform certain people that you have made an application and file ‘certificates of service’ with the Court to confirm you’ve done this.

You must also pay the necessary Court fees.

The Court of Protection will consider all your forms and may:

  • Accept or reject the application
  • Request further information, such as a report from social services
  • Hold a hearing, for example, if someone objects to your application

Our team of Court of Protection solicitors will be by your side throughout this entire process. We’ll ensure that all forms are completed promptly and accurately. We know that this process can be lengthy and quite stressful, so we’ll provide friendly support and a listening ear if you need someone to talk to about it.

Who can be a Court of Protection Deputy?

Deputies are usually close friends or relatives of the person who needs support.

You need to be over 18 years old and, if you want to become a property and financial affairs deputy, you need the skills to provide the right support.

The Court may decide to appoint more than one deputy. If so, you may need the other deputies’ agreement to make any decisions. We can provide advice about if this is the case and help you navigate the situation.

Sometimes, a professional such as a solicitor can be appointed to be someone’s deputy. This may help if you don’t feel confident or able to take on the role yourself. Please speak to us if you are interested in applying to appoint us as a professional deputy for someone you know.

Contact our compassionate Court of Protection solicitors

Contact our friendly, expert Court of Protection solicitors in Sheffield and Barnsley for all the advice you need about the Court of Protection.

We have local offices across Sheffield and Barnsley, in Barnsley Town Centre, Hoyland, Penistone, Attercliffe, Hillsborough and Gleadless.

Give us a call at your nearest branch or fill in our online enquiry form, and we’ll give you a call back as soon as possible.