Court of Protection Solicitors

What is court of protection?

The Court of Protection is a court based in London and they deal specifically with making decisions for people who lack mental capacity to make their own decisions regarding financial or welfare matters at the time they need to be made. 

If a person lacks capacity to make a Lasting Power of Attorney (a document appointing a person(s) to make decisions on their behalf), an application can be made to the COP to appoint a Deputy instead.

What does a court of protection do?

The COP is responsible for:

• making decisions regarding an individual's mental capacity 
• appointing Deputies to make ongoing decisions for people who lack mental capacity
• giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
• handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
• making decisions about the lasting power of attorney or enduring power of attorney and considering any objections to their registration
• considering applications to make statutory wills or gifts
• making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

How we can help?

We are able to offer clear advice on the procedure, the options available to them and guide people through the process of obtaining the relevant order.

An individual who has lost mental capacity cannot create a Lasting Power of Attorney. The only option for the relatives of such an individual in these circumstances is to apply to the Court of Protection for an order appointing them as Deputy of the individual’s affairs.

Clients in this situation often have a lot to deal with ensuring the individual in question is receiving proper care and all their needs are met.

We can take over and manage the whole application process to ensure that the matter is dealt with as smoothly as possible.

We can assist clients with the following:

• Making an application to be appointed a Deputy to make decisions regarding finance and property affairs on behalf on an individual.
• Making one off applications to the Court of Protection regarding specific issues affecting an incapacitated individual.
• Advising on the responsibilities and obligations of a Deputy and assisting in the completion of Deputy reports.
• Making applications for a Statutory Will including preparing forms and statements to be submitted to the court.
• Advising respondents in applications for Statutory Wills.

• Recognised Expertise:  Myerson’s Private Wealth sector proudly holds a Band 2 ranking in the Chambers and Partners High Net Worth Guide, alongside being consistently recognised as a Top Tier law firm by The Legal 500 for the past seven years. As one of the Top 200 UK law firms, Myerson provides exceptional Wills, Trusts, and Probate legal expertise. 

• Qualified Professionals: Our team holds additional qualifications in trust administration and tax regimes for trusts, along with the prestigious STEP (Society of Trust and Estate Practitioners) qualification. We have extensive experience setting up and managing live trusts, ensuring we understand the practicalities of trust operation and drafting. 

• Comprehensive Support: We provide tailored advice that respects each client's unique circumstances and understands the emotional weight of estate matters. Our solicitors handle sensitive situations with care, offering support throughout the process. 

• Holistic Approach: Our holistic strategy allows us to identify tax-saving opportunities and mitigate unexpected liabilities. We ensure clients comprehend the purpose and functioning of trusts, providing city-quality advice at regional prices. 

• Partner-Led Service: Our partner-led approach guarantees the best legal advice and commercially minded support. We collaborate with family and property law teams, delivering a comprehensive service that addresses all aspects of estate management. 

• Specialist Expertise: Our highly ranked team in The Legal 500 and Chambers for personal tax, trusts, and probate works closely with our contested wills solicitors to provide expert advice tailored to your needs. 

• Recognised Leaders: Bik-ki Wong, Head of our Private Client team, has been recognised as one of the top influential private wealth lawyers in Manchester (2023) by Business Today and as one of the best probate and wills lawyers for high-net-worth individuals in the UK (2023) by Spear's. 

• Extensive Network: Through our UK200 Group membership, we have strong connections to Independent Financial Advisers (IFAs) and tax advisers, offering comprehensive support tailored to your specific requirements. 

• Catering to Diverse Needs: Our team includes fluent Cantonese speakers, ensuring effective communication and understanding in managing estates. 

• Look at the Myerson Promise for further benefits of working with us here.