Court of Protection

At Kerseys Solicitors, we provide expert legal advice and assistance for Court of Protection applications, ensuring that individuals who lack capacity have the right support in place. If a person has not put in place a valid Enduring or Lasting Power of Attorney and subsequently loses capacity, an application must be made to the Court of Protection (COP) to grant legal authority for someone to manage their financial and property affairs.

Our Court of Protection Services

We assist with a wide range of Court of Protection matters, including:

Appointing or removing a Deputy

Selling a person’s property

Making a Statutory Will

Removing an incapacitated trustee

Our experienced solicitors will guide you through the legal process, ensuring you understand your responsibilities and providing peace of mind that the individual’s best interests are protected.

Get in touch today Find Out More

Fast Turnaround

We aim to kick-start your Court of Protection application promptly, minimising delays during a critical time.

Quick and Easy

Instructing Kerseys is simple – just click the button above to get in touch with us.

Convenience First

Our forms and paperwork can be completed securely online, making the process easier for you.

No Hidden Costs

All our Independent Legal Advice services are provided at a fixed fee rate, ensuring complete cost clarity.

Understanding the Court of Protection

The Court of Protection (COP) is an English Court with jurisdiction over the affairs of people who are mentally incapable of making decisions for themselves.

If a person does not have a valid Enduring or Lasting Power of Attorney in place and they lose capacity to make their own decisions, an application is made to the COP for the Court to confirm that the person lacks capacity and to give legal authority to the applicant so that they can manage the person’s affairs going forward. Once appointed, they are called a Deputy.

It is important to note that this process can be both time-consuming and expensive. The Deputy will need to complete a Deputy Report at least every year to inform the COP of how the person’s finances are being managed. Even after a Deputy has been appointed, permission may still be required from the COP for certain actions, such as selling the person’s house. For these reasons, where possible, completing Lasting Powers of Attorney before capacity is lost is preferable.

How We Can Help

Our specialist lawyers are on hand to assist with both Lasting Powers of Attorney and Court of Protection Deputyship applications for property and financial affairs, depending on client capacity. Our Partners are willing to act as Attorneys and Deputies where the circumstances require, such as if there are no family members willing and able to act or if the family situation is complex.

Our team also provides guidance to Attorneys and Deputies on their rights and responsibilities, ensuring they can fulfil their obligations as set out in the Lasting Power of Attorney or Court Order and within the law. We are also equipped to assist if disputes arise between Attorneys or within the wider family.

Why Choose Kerseys Solicitors?

Experienced Team: Our team have years of experience providing independent legal advice across a variety of matters.
Convenience: We offer in-person and virtual consultations via virtual online meetings to suit your schedule.
Client-Focused Approach: We pride ourselves on offering practical, jargon-free advice to ensure you fully understand your obligations.

Get in Touch

If you want to discuss Deputyship or other Court of Protection matters, our friendly and professional team is here to help. Contact us today to book your consultation.

See What Our Clients Think

Residential Property – Kerry Haynes

I was very impressed with all the kind help and patience shewn by your good self, in what turned out to be a long, drawn-out process.

You were such an amazing encouragement.

I will certainly recommend you and your Firm to any of my contacts in the future.

Brian Feller

Client

Private Client – Fiona Mann

Extremely Satisfied

“I am very pleased with the service provided, I was at ease with Fiona and she made me feel comfortable. The advice given was easy to understand and Fiona was very kind to me.”

Jeanne Francis

Client

Family, Relationships & Divorce – Matt Clemence

Extremely Satisfied

Matt I never really thanked you for all you did to help me with my divorce after the the traumatic time I had with legal trauma etc how there still in business is beyond me you saw for yourself the shambles and trail of destruction they caused at my expense. I had a lot going on once things were finalised and a lot of problems with the house that I bought and I wasn’t well for along time but that aside you gave me so much more than the legal knowledge. You listened to me and you gave me confidence something I lacked terribly mainly down the bad marriage but I can remember you telling me you can do this I’ve got every faith in you. It was what I needed and restored a tiny bit of trust was put back as I was very anti men for obvious reasons. The respect understanding and faith you gave and put into me had helped me so much to go forwards in life. Ive now got the confidence to stand up to people and not to let things go I now challenge people so I will end this and stop waffling as I can imagine your face 😂by saying a massive thank you Matt not just for getting justice served on the ex but for the added push in the right direction you clearly had the right approach as it’s stayed with me and you were the right person to do it.

Thank you Matt for giving me the confidence and the push that was needed it’s something that had and will always stay with me you made a huge difference to my future one I won’t ever forget.

MH

Client

Residential Property – Christina Morlham

Extremely Satisfied

May I take this opportunity to thank you for all your help with the sale of my mother’s house. You were always thoroughly professional and very helpful throughout the process.

Ian Allkins

Client

Private Client – Sarah White

Extremely Satisfied

All matters handled efficiently. Ms Sarah White was most helpful

Gordon Bridges

Client

Family – Nicola Furmston

Extremely Satisfied

Communication and support from Nicola and Frankie were excellent, very efficient service.

Nicola and Frankie provided and excellent service, they always answered my queries and concerns in a calm and efficient manner. They really helped what was a stressful situation and were able to allay all my fears for which I will always be grateful.

Dominic Cockcroft

Client

Residential Property – Sharon Livermore

Now that the dust has settled so to speak I register my sincere gratitude for your kind care and attention extended to myself throughout the ‘selling and buying process’.

Geoff Westwood

Client

Dispute Resolution – Kate Barnes

Extremely Satisfied

Services are excellent and I cannot think of any necessary improvement. Prompt, kept me informed throughout, forthright advice from hinterland of experience.

Mo Huggins

Huggins

Residential Property

Satisfied

Satisfied that all conveyancing work up to completion date was dealt with Comprehensively for the competitive Fee charged.

We where advised promptly of progress when required.

Christopher Warren

Client

Residential Property – Edward Thomson

Extremely Satisfied

All questions answered and chased where necessary.

Toby Gray

Client

Dispute Resolution – Kate Barnes

Extremely Satisfied

First class service with a personal touch. Kate Barnes is a credit to your practice. I would recommend Kerseys Solicitors to anyone after my experience.

Constant contact, concerns listened to, and issues explained in a clear and concise way.

Benjamin Goodwin

Client

Residential Property – Debbie Brooks

Extremely Satisfied

Everything went smoothly no problems at all . The sale went through without any effort on my part.

Debbie Brooks gave me a great service

Thomas Hooley

Client

Frequently Asked Questions

What is the role of a Deputy?

A Deputy is appointed by the Court of Protection to manage financial and property affairs for a person who lacks capacity. They must act in the individual’s best interests and report to the Court annually.

Can a family member be appointed as a Deputy?

Yes, family members can apply to be a Deputy, but they must be willing and able to take on the responsibilities. If no suitable family member is available, a solicitor can act as a professional Deputy.

How long does a Court of Protection application take?

The process can take several months, depending on the complexity of the case and the Court’s caseload. We aim to handle applications efficiently to minimise delays.