Court of Protection and Deputyship Solicitors

How can we help?

What is the Court of Protection?

The Court of Protection is a specialist court that makes decisions on behalf of individuals who lack the mental capacity to make certain choices for themselves. This can include decisions about finances, property, health, or personal welfare.

If a loved one is no longer able to manage their affairs and hasn’t put a Lasting Power of Attorney in place, the Court of Protection can appoint a deputy to act on their behalf. At Wellers, we guide families through this process with care and clarity, ensuring your loved one’s best interests are fully protected.

Court of Protection and Office of the Public Guardian Applications

Applications to the Court of Protection or the Office of the Public Guardian are often needed when someone has lost mental capacity and does not have a valid Power of Attorney in place. These may include registering an existing Enduring or Lasting Power of Attorney, applying to become a deputy, or seeking court guidance or orders — for example, to make gifts from the donor’s assets or to sell their home.

We support families pulling together and, where there is dispute, can also handle litigation in the Court of Protection. Whatever the situation, we will do our best to help you.

Our Court of Protection and Deputyship Services

• Preparing Lasting Powers of Attorney and advising donors and attorneys;
• Acting as or for deputies and attorneys, managing the property and affairs of those who lack capacity;
• Making applications to the Court of Protection for gifts, Wills and settlements;
• Assisting elderly clients and those caring for them

We have particular expertise in dealing with disabled clients and managing personal injury or clinical negligence awards. We also manage the affairs of many elderly clients who suffer from dementia.

What is a Deputy?

If somebody loses their mental capacity to deal with their own affairs without having put in place an Enduring or Lasting Power of Attorney, a deputy will need to be appointed.

Partners in Wellers act as deputies and attorneys in their own right, and our clients range from disabled young adults with substantial compensation payments to retired widows, who need help managing their money.

Making a Deputy Application

A deputy application is made to the Court of Protection.  The person(s) named as deputy/deputies is/are chosen by the Court of Protection and not by the donor and, accordingly, could be someone the donor would not ordinarily choose to make such decisions.

Deputy applications are generally more complex, more time consuming and therefore more expensive than putting in place a valid Lasting Power of Attorney.

Registration of EPA or LPA

Existing Enduring Powers of Attorney must be registered where the donor has lost, or is losing, their mental capacity to deal with their own affairs.  

Applications must be made on prescribed forms and notices must be served on at least three people; those people being defined by a statutory list of family members.

Lasting Powers of Attorney must be registered before use, regardless of whether the donor has lost capacity.  Unlike Enduring Powers of Attorney, the donor or the attorneys can seek to have a Lasting Power of Attorney registered.  Again, applications must be made on prescribed forms and notices must be served but with Lasting Powers of Attorney, those notices are served on people chosen by the donor (who are specified in the Lasting Power of Attorney form itself).

Anyone on whom notice of the application to register a Power of Attorney is served (including the donor) has the right to object to the registration on one or more of a number of specified grounds.  If, however, there are no objections the Office of the Public Guardian register the Power of Attorney within 6 to 8 weeks (although it can take longer).