Court of Protection Solicitors

Empowering you to support your loved ones with key decisions about their health, property and finances

If a loved one no longer has the mental capacity to organise their affairs, our Court of Protection Solicitors at David W Harris & Co can offer the legal assistance and support you’ll need.

It can be tremendously difficult if someone you are close to loses the ability to manage on their own. It may be that their predicament is due to an injury or a serious illness. In this situation, your loved one may require an appointed person to help them with decisions around their health, welfare, property and finances.

If the individual who lacks capacity has a Lasting Power of Attorney (LPA), then their appointed Attorney can deal with their affairs for them. We will be happy to advise you on making a Lasting Power of Attorney or acting as an Attorney.

However, in many circumstances, vulnerable individuals do not have an LPAs in place. In this case, you will need to contact the Court of Protection to approve decisions about that person’s life or to have yourself legally appointed as their Deputy.

Our Court of Protection solicitors in Pontypridd, Talbot Green and Swansea, can support clients with all associated legal matters, including:

Applying to the Court of Protection for deputyship
Acting as a professional deputy
Assistance with Court of Protection disputes

With local offices in Pontypridd, Swansea and Talbot Green, we can offer a truly local, convenient service for our clients.

Discuss your requirements with our Court of Protection solicitors in Swansea, Pontypridd and Talbot Green

We offer a free first consultation to answer your questions and help you decide whether we are the right people to assist you.

Please use our simple online enquiry form to book a free initial chat with one of our expert solicitors. We respond promptly to all enquiries.

Our Court of Protection Expertise

Applying to the Court of Protection for deputyship

If your loved one loses the capacity to handle their finances and take care of their own welfare, you may need to make a deputyship application to the Court of Protection.

Should the Court approve your deputyship application, you’ll be appointed as your loved one’s Deputy. This means that you’ll have the legal responsibility of managing their affairs.

There are generally two types of deputies – a Personal Welfare Deputy and a Property and Financial Affairs Deputy. However, it is not uncommon for one person to be appointed for both roles, taking care of financial and welfare matters for their loved one.

It can be time consuming to apply and complete the deputyship application, and it’s important that you understand the full extent of your legal obligations and rights.

Our Court of Protection solicitors can guide you through the relevant stages or even complete the application on your behalf. We will ensure that you are educated on and prepared for your duties as a Deputy.

Acting as a professional Deputy

Not every person who lacks capacity has an appropriate person to act as their Deputy. It could be that you wish to support your loved one, but you are concerned about taking on that level of responsibility for their financial affairs and matters of healthcare.

If you do not wish to act as a Deputy for your loved one or you are not an eligible candidate, you can appoint one of our solicitors to act as a professional Deputy.

For more information about our professional Court of Protection Deputy services in Pontypridd, Talbot Green and Swansea, please get in touch.

Assistance with Court of Protection disputes

When an individual does not have the ability to make their own choices, that person’s close family or friends will need to make decisions with their best interests in mind. It can be difficult to choose what’s best for someone else, and these situations can often give rise to disputes.

It could be that the individual’s loved ones do not agree with the choices that the Deputy is making or that the Deputy is considered an inappropriate person for the role.

If you’re experiencing disputes of this nature and need support to resolve the situation, our expert solicitors can offer the help and guidance you need.

Common questions about Court of Protection issues

What is the Court of Protection?

The Court of Protection is a Court that makes decisions on welfare and financial matters for people who lack the mental capacity to make these key decisions on their own. The Court is responsible for:

Appointing the appropriate deputies to make choices for those people who lack capacity on an ongoing basis
Determining if a person has the mental capacity to make a certain decision on their own
Granting permission so that an individual can make a decision on behalf of someone who lacks capacity on a one-time basis
Dealing with emergency Court of Protection applications when it’s important to make a decision immediately

How to apply to the Court of Protection?

If you’d like to make a deputyship application to the Court of Protection, you’ll need to complete the application form and make a payment for the application fee.

Becoming another person’s Deputy is a significant responsibility, and it is vital that you seek the support of a Court of Protection solicitor. Your lawyer will be able to guide you through the process, ensuring that you appreciate your role and legal duties.

How long does the Court of Protection take?

If you are applying to be appointed as someone’s Deputy, how long the process takes depends on a variety of different factors. A straightforward case will take approximately 3-4 months, however, it is possible to appoint a Deputy almost immediately under emergency circumstances.

A case is likely to take longer if there are any disputes, and sometimes there may be delays in notifying the relevant interested parties or issues with permission.

Our Court of Protection lawyers in Pontypridd, Talbot Green and Swansea, can assess the particulars of your case and offer a more accurate estimate of how long it will take.

How much does the Court of Protection cost?

The application fee to apply for the Court of Protection is £371. Hiring a solicitor to support you with your case incurs separate fees, depending on how complex your situation is.

Our Court of Protection fees

We are completely transparent with our fees and will be happy to provide a clear breakdown of the costs involved in Court of Protection matters.

Some matters may be dealt with on a fixed fee basis where appropriate, giving you certainty over the costs involved. We also offer competitive hourly rates where ongoing support is required.

Discuss your requirements with our Court of Protection solicitors in Talbot Green, Swansea and Pontypridd