Court of Protection

When someone you are concerned about lacks capacity to manage their financial affairs and requires the ongoing assistance of a professional deputy, we can provide the support you require.

Our dedicated department provides a comprehensive service to clients whose financial affairs need to be overseen by the Court of Protection (CoP). Our department fully respects the provisions of the Mental Capacity Act 2005, working with vulnerable clients to allow them to make decisions themselves as far as possible, whilst ensuring that they are given appropriate legal advice.

The head of the Court of Protection department Jane MacGregor, acts as a professional deputy for many clients and with the support of a specialised team, liaises closely with family and/or carers to fulfil the needs, and act in the best interests, of the client. We also assist lay deputies in carrying out their duties.

Our role as deputy, once appointed, is to administer the financial affairs of a person who lacks capacity to deal with such matters for reasons including dementia, learning difficulties, mental health problems, stroke, or head injury. The Court of Protection also gives one off directions and orders for specific matters from time to time, which we handle in liaison with our clients and their family or carers.

The involvement of the Court of Protection can be as a result of an accident rendering the client incapable, mental illness, an assault, a medical accident (or negligence) or degenerative disease.

We work with the family of the client or their legal advisers (usually in the case of any ongoing personal injury claims) to ensure that the dealings with the Court of Protection are as smooth and efficient as possible. The matters we deal with most often are:

  • Appointment of a deputy
  • Acting as a deputy
  • Appointment of new trustees to enable the sale of a property
  • Authorisation of gifts
  • Making a statutory will
  • Assisting lay deputies in fulfilling their duties

The breadth of practice within our firm allows us to handle any legal matters which arise during our ongoing relationship; from the trouble-free settlement of personal injury claims; to the purchase of a purpose built property; from the appointment of a deputy; to the comprehensive planning of financial matters.

Few solicitors have a depth of knowledge of this type of matter and it is important that you choose your advisor wisely to ensure that matters are dealt with speedily and without unnecessary worry and complication.

The Public Guardianship Office (PGO) is the administrative arm of the Court of Protection and therefore much of the correspondence is dealt with by them.

For any enquiries on this subject please telephone 0151 647 9381 and ask to speak to Jane MacGregor.