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Court of Protection

Court of Protection

About

The Court of Protection is a specialist Court which exists to safeguard the rights of people who lack the capacity to make decisions for themselves. The Court is guided by the Mental Capacity Act 2005 and is duty bound to make decisions in the best interests of the individual at all times, relating to matters concerning their finances or their health and welfare.

There are many reasons why an individual may be unable to make their own decisions, through injury, age or illness. In cases where someone has lost the capacity to make their own decisions and an attorney has not previously been appointed to make decisions in relation to their property and affairs, or personal welfare under a Lasting or Enduring Power of Attorney, the Court of Protection can appoint a deputy to act and to make day-to-day decisions in their best interests.

There are also instances where only the Court can make a decision in relation to someone who has lost capacity. For example, if someone no longer has the capacity to make a Will, the Court can order that a new Will be made on their behalf; known as a Statutory Will. Another example may be where an attorney, or a deputy, wishes to make substantial gifts from the assets of the person who has lost capacity, for which they have no authority.

Unfortunately, there are occasions where applications to the Court of Protection are contested. This will typically be by other family members who object to the appointment of a particular person to make certain decisions on a person’s behalf, or who consider that decisions which have been taken by an attorney or a deputy are not in the best interests of the person who lacks capacity.

We can advise you in connection with both contested and non-contested applications to the Court of Protection, whether you are an applicant, or you have received notice that an application has been made. We will always aim to resolve any dispute without the need to have a Court hearing but, if this is not possible, we can assist and guide you throughout the Court proceedings.

We have expertise in the following areas:

  • Enduring Powers of Attorney
  • Lasting Powers of Attorney
  • Deputyships
  • Statutory Wills
  • Disputes relating to applications in the Court or Protection, to include Deprivation of Liberty
  • Disputes concerning financial abuse of the elderly/vulnerable in lifetime

By way of example, we have recently advised a client served with notice of a deputyship application made by their sibling, in relation to their incapacitated parent, concerning property and financial affairs. We have acted for a client served with notice of their incapacitated spouse’s application to leave a care home where they are subject to a Deprivation of Liberty order and wish to return to the family home. We have also advised on applications to be made in the Court or Protection, where a husband and wife own their property jointly and wish to sell, but one of the spouses has lost capacity to enter into the transaction and there is no power of attorney in place.

Our team is headed by Partner, Lucinda Brown, supported by Associate, Tiffany Benson and Senior Solicitor, Kate Harris. Tiffany, has a particular interest in mental capacity and financial abuse of the elderly, having acted for individuals and families where advantage has been taken of a vulnerable adult, through the misappropriation of funds by a trusted individual. Tiffany has also presented at a number of seminars upon the signs of financial abuse, together with the legal remedies that might be available.

Key Contacts

Lucinda Brown - Partner and Head of Contentious Trusts and Probate

Lucinda Brown

Partner and Head of Contentious Trusts and Probate

+44 (0)1223 532721

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Meet the team

Latest testimonials

"Very professional, with a caring attitude and I felt at ease in the surroundings"
Mrs M

"Antonia Cooper was helpful in every way and on the ball"
Dr H

Latest testimonials

My husband and I would like to take this opportunity to thank you so much for the caring and professional way in which you dealt with this matter on our behalf. It is much appreciated."
Mr & Mrs B

"The service we received was personal, personalised and extremely (pleasantly) professional. All advice appeared relevant and was gratefully received"
Mr & Mrs G

Latest testimonials

“Antonia Cooper was excellent in every aspect. Personable, friendly and very efficient, acting promptly and appropriately. Thank you Antonia and supporting staff, you made it easier for us at a difficult time”
Mr C as executor of Mrs C

“Just to say service was 1st Class. It was a pleasure to have had dealings with Antonia Cooper and the staff”
Mrs R

Latest testimonials

"Friendly, informative and professional"
Mrs M

Latest testimonials

"I have always felt that Carolyn Bagley has my best interests at heart and I thank her for that, also for her kind professionalism."
Mrs N

"Carolyn Bagley's advice was superb, quick and all issues were addressed swiftly."
Mr O

“All staff were very friendly and helpful. We are elderly private clients who were relaxed by a professional who understood out complex needs and wishes and produced excellent Wills in a manner which made the business almost a pleasure.”
Mr & Mrs C - Will

Latest testimonials

"As a widow whose late husband dealt with all financial and legal matters. I have found the advice and continuing support of Hewitsons very reassuring."
Mrs W as Trustee of Mr W

Latest testimonials

"Thank you for all your help on my and my family's affairs. I greatly appreciate the interest you take and the time and trouble you put into looking after us. This is invaluable."
Mrs L

"We were delighted to learn you had been inducted into the Legal 500 Hall of Fame and send you our warmest congratulations on the recognition which you so well deserve."
Mr F

"It's clear when you deal with Clare that you're benefiting from a huge breadth and depth of experience. When you couple that with a pretty impressive eye for detail, it's very reassuring. She's very straightforward to work with, partly because she knows exactly what she's talking about, so one's not needing to examine what she's saying because one's confident that it's right."
Chambers & Partners 2018

 

Latest testimonials

"He acts proactively and is very bright. When speed is of the essence, he gets to the nub of the matter and does his absolute best to resolve it very quickly".
Client testimonial as featured in Chambers & Partners Legal Directory 2016

"Daniel Curtis is ‘extremely experienced and knowledgeable and is adept at asking pertinent questions, anticipating issues and suggesting solutions".
Legal 500 Legal Directory  2019

"I am very satisfied with the services I have received and continue to receive. My Solicitor (Daniel Curtis) is always kind, courteous, friendly and helpful, and I have recommended him to others"
Mrs N - Lasting Power of Attorney 2017
 

Latest testimonials

"We found that Hauke dealt with the execution of my father's will in a kind and sensitive manner. He answered any queries quickly and efficiently. Many thanks."
 Mrs I


"Excellent service throughout the whole process. Everything was done with compassion and efficiency during the difficult process of my Mothers Estate."
Exec of Mrs B

Latest testimonials

"Courteous and efficient throughout. Clear explanation of legal requirements"
 
Mr C

Latest testimonials

"Thank you for all your efforts over the last ten months. We’ve appreciated the fact that you’ve always kept us informed and the documentation has always been clear and concise"
Mr A & Mrs J

Latest testimonials

"The service we received was excellent and everything was explained clearly"
Miss C

Latest testimonials

"Just to say thank you for the way a delicate subject was dealt with in a very sensitive way by Kelly and other staff"
 Mrs R

"Thank you to all members of the staff who made you feel at ease and very courteous"
Mrs H

"We were very happy with the service Kelly provided us when sorting out our will - Friendly and Helpful"
Mr & Mrs W

Latest testimonials

"Congratulations and thanks for a job done so well that no words can express our deep gratitude.
Right from the outset since our initial contact until the very end, we found you all to be the most professional, highly experienced and most co-operative team anyone can dream of. Hats off to you all."
Mr D

Latest testimonials

"We have nothing but praise for the skill and care you have shown and the excellent advice you have given us."
Mrs A

Latest testimonials

"We were very pleased with the level of knowledge and explanations given to us. The Staff were very friendly and commodating to our needs. Thank you!"
Mr & Mrs B

Latest testimonials

"I would just like to thank you for your efficient, professional and personable management of the estate.
It has been a pleasure to have been working with you."

Administration of Estate
Mr & Mrs G

 

Latest testimonials

"Very interesting and informative seminar. Excellent speakers."
Private Wealth Seminar - 2018

"Easy to understand format, well presented and informative"
Private Wealth Seminar - 2018

"A very helpful introduction to the problems of estate planning"
Private Wealth Seminar - 2018

"Very informative and useful. Put over and explained very well and clearly"
Private Wealth Seminar - 2018

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