Court of Protection
The Court of Protection’s role is to make decisions for people that do not have the ability to make decisions for themselves, for example if they develop an illness or have an accident. If a personal lacks mental capacity, an application can be made to the Court to make decisions on their behalf or to appoint a deputy. We assist existing attorneys, deputies and prospective deputies with applications to the Court of Protection.
How we can help
We can help with all aspects of applications involving property and finances. We pride ourselves on offering a personalised service and you will be allocated your own solicitor who will guide you through the process from start to finish. Our solicitors are experienced in supporting vulnerable people and we can help advise on the most appropriate legal course of action.
We can meet you at home, our office or any other location to suit you. We also offer meetings by Microsoft Teams.
‘you made us feel relaxed and comfortable from the moment we arrived’
Our Expertise
Simon Heapy
Simon is a solicitor and a specialist Court of Protection Solicitor. He has an exceptional reputation in the field of Court of Protection and his expertise is second to none. He was a founding executive committee member of the Court of Protection Practitioners’ Association (COPPA) and has previously been recognised as a leading individual by both the Legal 500 in 2016 and Chambers & Partners in 2016 and 2018.
The Office of the Public Guardian produce practice notices to provide advice to practitioners; and Simon assisted with writing their Practice Note SD14 on Family Care Payments. He was also the lead advocate on the leading Court of Protection case involving Personal Injury Trusts.
Due to Simon’s expertise, he can deal with all manner of Court of Protection applications and has a particular focus on specialist applications such as family care applications, statutory wills, Part 35 Expert Reports and applications to purchase properties. The Senior Court Costs Office consider Simon to be a ‘Grade A’ fee earner.
Paul Clark TEP
Paul is a solicitor and managing director of Spall Clark Solicitors. He is a full member of STEP and is a member of the advisory committee of the Law Society Private Client Section.
Paul deals with ‘straightforward’ deputyship applications and uses his expertise in wills to assist Simon with statutory will applications.
The Court of Protection consider Paul to be a ‘Grade A’ fee earner.
Deputyship applications
Appointing a Deputy
If a person does not meet the mental capacity requirements to make a Lasting Power of Attorney, an application will need to be made to the Court of Protection to appoint a deputy to make decisions on their behalf.
We have experience in dealing with all types of applications to appoint a deputy from straightforward cases to complicated matters involving multi million pound estates and complex family situations.
Discharge applications
When an existing deputy wishes to step down, an application to the Court of Protection is required and this is known as a discharge application. We can advise existing deputies about the application and deal with this on their behalf.
Applying for permission to act in probate / intestacy when an executor does not have capacity to act
In cases where an executor named in a Will doesn’t have capacity to act or when a person inheriting under the rules of intestacy lacks mental capacity to take on the role of administrator, their deputy or attorney does not have authority to act on their behalf to apply for Probate unless the Court of Protection have first given permission.
We can assist deputies and attorneys in applying to the Court of Protection for permission to apply for a Grant of Probate or Letters of Administration on behalf of the incapacitated person.
‘Matter approached in a sensitive manner’
Appointing Trustees
Trustees can be required to make applications to the Court of Protection to appoint new trustees. These applications can be very complex and require expert advice. Simon Heapy can advise trustees in making such an application.
Applications by attorneys
In some situations, attorneys acting under a Lasting Power of Attorney will need to make an application to the Court of Protection before they can make certain decisions, for example if they believe it is appropriate to change a person’s Will (and that person doesn’t have the required capacity to make a Will). Attorneys also need permission from the Court to make certain decisions or take certain action. Please see our specialist services for further information on how we can help attorneys.
Acting as professional deputy
Simon Heapy and Paul Clark both have experience of acting as Court appointed deputies. If there is no one suitable to act as deputy, our solicitors are able to take on the role of professional deputy. Due to the nature of the role, we are only able to act as professional deputy if the client has assets of between £250,000 and £4,000,000.
Contact us
Call us on 01260 769 639 or email us at info@spallclark.co.uk.
Make an appointment
What our clients say about our solicitors
‘Nothing was too much trouble’
‘Matter approached in a sensitive manner’
‘Everything was taken care of and I could concentrate on my husband’s health’