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

Employment Law – HR Services – Annalie King

Extremely Satisfied

Understood my needs in full, gave clear and concise advice. My needs were fully addressed.

Private Client – Geoffrey Sutton & Residential Property – Kerry Haynes

Extremely Satisfied

We received an excellent service from Kerseys, our business was dealt with in a comprehensive, concise and friendly manner.

Terence

Shemming

Employment Law – HR Services – Annalie King & Ben Wheatcroft

Extremely Satisfied

Professional and punctual service, Happy with the full service from start to finish

Dale

Richardson

Family, Relationships & Divorce – Helen Barnes

Extremely Satisfied

Helen Barnes and Claire Farrell both gave me excellent service throughout my case. Helen was my solicitor and was always supportive, understanding and took the time to explain things clearly to me. Claire was also extremely helpful with emails and keeping me updated. I always felt supported and listened to by both of them throughout what was a very difficult time.

Chantelle Magay

Client

Employment Law – HR Services – Annalie King

Extremely Satisfied

Very clear and concise support through a legal issue. Outcome exactly as required.

Doug Barker

Client

Private Client – Laura Parker – Woodbridge Office

Extremely Satisfied

All the staff are friendly and approachable, and provide an efficient service.

Laura listened and asked relevant questions where appropriate during our initial meeting, outlined the work she would undertake on our behalf, and completed the work we requested in a professional timely manner.

Clive Quantrill

Client

Private Client – Laura Parker – Woodbridge Office

Extremely Satisfied

Always polite and helpful.

Mary Smith

Client

Residential Property – Jennifer Carter – Stowmarket Office

Extremely Satisfied

Jennifer – thank you for your efforts on this.

We have sold 3 properties in the last 2 years, as well as bought one. All transactions have had their challenges but you have provided the most efficient legal service overall and always been a positive help, as well as very responsive.

Please pass on our thanks to the wider team – job done and job done well. I am very glad we chose you to represent us.

Mr and Mrs B

Client

Private Client – Laura Parker – Woodbridge Office

Extremely Satisfied

We don’t know how you could improve your services. the only other solicitors we have used, you out do them by a mile.

Everything was satisfactory.

D E Smith & J P Smith

Client

Private Client – Laura Parker

Friendly and professional.

Laura went out of her way to help me, she was very kind, considerate and compassionate but extremely professional. Laura took so much time with me, explaining things in a way that I could understand.

Janet Garwood

Client

Andrew Reed Private Client – Stowmarket Office

Extremely Satisfied

Our requirements were executed exactly as per our initial discussion.

Very happy with the services you offer and the service we received. No improvement necessary.

Andrew Reed offered a very quick and professional service. Very happy to recommend.

Mike Kay

Client

Private Client – Laura Parker

I should like to thank you for the speedy and efficient way this matter was dealt with.

At the time I was anxious to bring our wills and Powers of Attorney Up to date since I expected to receive a diagnosis relative to a possible tumour.

This proved to be the case but fortunately the surgeon was able to remove this from my head last Tuesday and it seems remove all of the cancerous growth.

He is hopeful that the results of the biopsy will prove this to be the case.

As you will appreciate with this hanging over me I wanted to make sure my affairs were in order and thanks to your prompt action this worry was removed.

So once again thank you to you and your colleagues for your kind and considerate help.

Pat & George Gooden

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.