Court of Protection
Court of Protection Solicitors to protect your loved ones
Are you concerned about a relative or loved one who’s struggling to look after themselves?
Worried they’re vulnerable to being taken advantage of?
Unsure what’s best for their future and how to protect them?
Help for a loved one who is struggling to look after themself
It’s heartbreaking to see that a loved one, often someone who’s looked after you, now needs looking after themselves.
Whether due to dementia, injury or illness, the decline can be sudden and scary. On top of the distress, you know plans must be made to keep them safe and secure their care and financial future.
If they did not make a Power of Attorney before losing mental capacity, then the only way to deal with their affairs now is to apply to the Court of Protection.
If your loved one can still make decisions for themselves, you can find out more by clicking on: Power of Attorney.
What is the Court Of Protection?
The Court of Protection is a court in England and Wales and part of the Family Division of the High Court. It was created 20-years ago under the Mental Capacity Act 2005.
The Court was created to make sure the person concerned is at the center of the decision-making process.
How the Court of Protection can help
The Court of Protection ensures the person concerned is at the center of the decision-making process.
You can apply to the Court of Protection for an order that authorises you to act as an individual’s Deputy. That just means a specific person, to take control of the individual’s finances, welfare and healthcare.
The degree of authority you have will be set out by the court after they have considered the individual’s capacity and the support available.
When choosing a deputy, the court usually considers family members first but Deputies can also be friends, professionals, or even public authorities.
You don’t have to bear all the responsibility or your own either. Joint Deputies can also be appointed.
What is a Deputyship?
The deputy’s responsibilities include:
● To always act in the person’s best interests and follow the court order that lays out what you can and can’t do.
● Making sure the decision-making process is fair and impartial. You must always declare any personal interests that could create a conflict of interest.
● To be responsible for managing the person’s financial affairs, including paying bills, managing investments, budgeting and making sure debts are paid on time.
As a Deputy, you will also have to keep a record of accounts and transactions and submit an annual report to the Office of the Public Guardian.
— FAQs: Frequently Asked Questions
The most common questions we’re asked about the Court of Protection
Do I need a Power of Attorney or the Court of Protection?
If the person still has mental capacity, it is quicker and cheaper for them to make a Lasting Power of Attorney. They can appoint someone to make decisions for them going forward.
If the person has already lost mental capacity, then they cannot make a Power of Attorney; you will have to apply to the Court.
How long will the process take?
How much will it cost and who pays?
For a straightforward Deputy application, legal fees, together with VAT, doctors’ and court fees often amount to around £2,500 or more.
You will have to pay at least some of the fees upfront, but you will usually be entitled to recover the costs from the person concerned’s finances at the end of the process.
How do I start the process?
Get in touch and we’ll agree a time to sit down together and discuss your loved one’s situation.
We can talk through your options and you can decide the best way forward. It costs nothing to talk it through.
Your Court of Protection team at Tierneys Solicitors
Ginette McCaffery
Solicitor
Joined Tierneys in 2026
Emma Field
Legal Assistant
Joined Tierneys in 2019
Poppy Liptrott
Legal Assistant
Joined Tierneys in 2026
How we can help
What you can expect:
We will take our time to listen to you and understand all your concerns and the circumstances involved.