Court of Protection solicitors in England & Wales

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Plain-language guide

What a Court of Protection solicitor does.

A Court of Protection solicitor acts for people who lack capacity to make particular decisions, and for the family members, attorneys and deputies who act for them. The Mental Capacity Act 2005 sets the test of capacity and the best-interests framework, and the Court of Protection appoints deputies, decides disputes about care and residence, authorises gifts and statutory wills, and rules on deprivation of liberty. The Office of the Public Guardian supervises attorneys and deputies.

When you need one

A relative has lost capacity and did not make a lasting power of attorney.
Attorneys or family members disagree about where someone should live or how their money is spent.
A person who lacks capacity needs a will made or a large gift authorised.
You have concerns about how an attorney or deputy is managing someone's affairs.

How fees usually work

Applications for a property and affairs deputyship are often fixed-fee, and deputies' own costs are assessed by the Senior Courts Costs Office or paid at fixed rates. Contested welfare proceedings are charged by the hour and legal aid is available for some deprivation of liberty cases regardless of means. Ask what the court fee and the security bond will cost on top.

Questions to ask before you instruct

Could a lasting power of attorney still be made, or has capacity for that been lost too?
What will the deputyship application cost, and how long will the court take?
How will you assess and evidence capacity, and who will complete the COP3?
What are the deputy's reporting duties to the Office of the Public Guardian?

See the listed practitioners

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Court of Protection solicitor questions

What is the difference between an attorney and a deputy?

An attorney is chosen by the person themselves under a lasting power of attorney while they still have capacity. A deputy is appointed by the Court of Protection after capacity has been lost, usually because no lasting power was made. Deputies are supervised more closely and must file annual reports.

How does the court decide what is in someone's best interests?

Section 4 of the Mental Capacity Act 2005 requires the decision-maker to consider the person's past and present wishes and feelings, their beliefs and values, the views of those who care for them, and the least restrictive option. The person must be involved as far as possible.

Can a person who lacks capacity make a will?

Not themselves, but the Court of Protection can authorise a statutory will on their behalf where it is in their best interests, for example where an existing will is out of date or there is none and the intestacy rules would produce an unfair result.

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