Court of Protection Solicitors in Leeds
If a loved one no longer has the capacity to make important decisions for themselves, such as over their finances, living arrangements or medical treatment, a Court of Protection deputyship can ensure these matters are taken care of.
Our solicitors are experts in all aspects of Court of Protection law and can help you become a Court of Protection deputy or we can act as professional deputies for your loved one. We can also assist you in discharging your duties as a Court of Protection deputy, ensuring your loved one has the right support so that all of their needs are met.
With decades of experience across all areas of Court of Protection deputyship, we can help make sure all of the right provisions are in place for your loved one’s care and make sure any issues that arise, such as disputes over a vulnerable person’s care, can be resolved quickly and effectively.
Get in touch with our Court of Protection solicitors in Leeds by calling 0113 345 2386 or use the contact form on the right to ask a question.
Our Court of Protection law services
Our Court of Protection solicitors, based in Leeds, work with individuals and families all over the UK to make sure their loved ones have the help and support they need to manage their affairs.
Our expertise in Court of Protection law includes:
- Applying to be a Court of Protection deputy
- Advising you on your duties as a Court of Protection deputy
- Property and Financial Affairs Deputyship
- Personal Welfare Deputyship
- Acting as professional Court of Protection Deputies
- Deprivation of liberty
- Court of Protection deputyship disputes
Types of Court of Protection deputies
There are two main types of Court of Protection deputyship you can apply for (or have us act as) – Property and Financial Affairs Deputies and Personal Welfare Deputies.
Property and Financial Affairs Deputyship – This empowers the deputy to manage issues such as managing income (including state benefits), dealing with cash assets (e.g. savings) and investment, paying for care and other bills and managing or selling property.
Personal Welfare Deputyship – This involves decisions about medical treatment, where a vulnerable person will live, who can have contact with them, ensuring all of their care needs are met and other complex ethical issues.
Court of Protection FAQs
Who can be a Court of Protection deputy?
Anyone aged 18 or over can theoretically be appointed as a Court of Protection deputy, however it is most commonly a family member, close friend or solicitor.
The Court will generally look at how close a potential deputy’s connection with the vulnerable person is and their ability to carry out the role when deciding who to appoint.
What is the definition of mental capacity?
Mental capacity is the ability to make decisions about important issues regarding your personal affairs. To be judged to have mental capacity a person will need to be able to:
- Understand the information needed to make a decision
- Remember the relevant details for long enough to make a decision
- Assess the relevant facts so they can make an informed decision
- Communicate their decision to the necessary parties
How do you assess mental capacity?
The decision over whether someone has mental capacity or not will be made by a Court of Protection judge who will rely heavily on the assessment of an independent specialist doctor.
Sometimes a vulnerable person may be judged to lack mental capacity in certain areas, but not in others and this is likely to be reflected in the type of Court of Protection deputyship issued.
When is a Court of Protection deputy required?
In general, a Court of Protection is likely to be required if a personal lacks mental capacity and has:
- Property to be sold or purchased
- Over £16,000 in savings (after any debts are paid)
- A significant regular income
What is the difference between a Court of Protection deputyship and Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document you can create that gives someone else the power to manage your affairs if you lose capacity in the future. It is a precautionary step you take on your own behalf.
A Court of Protection deputyship is something you must apply for to manage the affairs of someone who already lacks capacity. It is a protective measure you can apply for on someone else’s behalf.
What is the advantage of using a professional Court of Protection deputy?
Being a deputy can be complicated, stressful and emotionally challenging. Many people prefer to have a solicitor act as a professional deputy for their loved ones instead of taking this responsibility on themselves. This can allow you to focus all of your energies on supporting your loved one emotionally, while ensuring you have the benefit of a qualified solicitor’s legal expertise.
Why use our Court of Protection solicitors in Leeds?
Our Leeds-based Court of Protection solicitors have decades of experience helping individuals and families with all aspects of Court of Protection deputyships, including acting as professional deputies for a range of clients.
Our Court of Protection work frequently overlaps with our clinical negligence work, with our team having strong expertise in both areas. Our Clinical Negligence department has achieved the top Tier 1 ranking from the Legal 500 and is recognised in Chambers & Partners (the leading client guide to legal professionals) as being “market leaders” with a “superb reputation for handling a wide range of clinical negligence claims”.
Minton Morrill is Lexcel-accredited by the Law Society, reflecting the high standards of our practice management and client care. We are regulated by the Solicitors Regular Authority (SRA) ensuring that we continue to meet the highest legal and professional standards at all times.
Contact our Court of Protection solicitors in Leeds today
Need help with any issues related to Court of Protection deputyship? Please get in touch with our Leeds-based Court of Protection solicitors by calling 0113 345 2386 or use the contact form below to ask a question.