Court of Protection
‘Matter approached in a sensitive manner’
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 attorneys, deputies and prospective deputies with applications to the Court.
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, your office or any other location to suit you. We also offer meetings by Microsoft Teams.
How we can help
Our expertise
Paul Clark and Sarah Bushell are both solicitors and full members of STEP. Simon Heapy is a solicitor and very experienced Court of Protection practitioner. Simon has previously been named in Chambers & Partners and the Legal 500 as a leading individual in Court of Protection practice.
Deputyship applications
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.
Professional Deputies
Paul Clark, Sarah Bushell and Simon Heapy all 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 is the client has assets of between £150,000 and £4,000,000.
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 appropriate to change a person’s Will. Attorneys also need permission from the Court to make certain decisions or take certain action. We can advise attorneys on making an application to the Court.
Applications by 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 on making such an application.
Statutory Wills
We are able to assist attorneys and deputies with applications to the Court of Protection to put in place a statutory Will. The application must make it clear to the Court why it is in a person’s best interest for the Court to put in place a new Will. This can be a time consuming and expensive process which is why it is important to take specialist advice before embarking on such an application. Simon Heapy is one of the most experienced solicitors in England who deals with Statutory Will applications and is considered a leading individual in this area.
Contact us
Main contact: Simon Heapy
For urgent Court applications contact Paul ClarkTEP
Make an appointment
Further information
How much does it cost
Our costs are based upon an hourly rate set and approved by the Court of Protection.
We set our hourly rate in reference to the Court guidelines rates. Our solicitors rates are listed below:
Grade A (Solicitors with over 8 years experience) – £272 per hour plus VAT
Grade B (Solicitors with over 4 years experience)- £233 per hour plus VAT
How long will it take?
Each case is different and how quickly the Court are able to process the application will play a large role in how long it takes. As a general guide, it is currently taking between 12 and 18 months for a deputyship application to be completed (to the date the completed Court Order is received from the Court of Protection). However, in urgent cases, the Court of Protection have a procedure in place to complete applications more quickly.
What our clients say about our solicitors
‘Paul made us feel at ease all the way through’
‘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’