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  • Overview

    When should you make an application to the Court of Protection?

    If you are acting as a Court of Protection Deputy or have Power of Attorney for someone else, you may want to consider making important decisions on their behalf such as:

    • Making a Will
    • Making a major lifetime gift
    • Withdrawing a large one-off sum (e.g. for the purchase of a property)
    • Increasing an annual withdrawal limit, set in a deputyship order.
       

    The Court of Protection exists to safeguard the property, financial affairs and welfare of those who lack capacity to make decisions for themselves, and only the Court of Protection can authorise certain decisions. Many factors influence the Court’s decision and need to be taken into account when preparing an application: the interests of the person who lacks capacity is paramount; other people can be affected and may not agree to what is proposed and complex issues of trust and tax law are often involved.

    How our Court of Protection lawyers can help with applications to the Court of Protection

    We are able to assist deputies and attorneys by:

    • Making applications for gifts, Wills, and settlements
    • Navigating the complexities of the Mental Capacity Act 2005 and Court of Protection Rules
    • Assisting with arrangements for assessment of capacity
    • Preparing the Court of Protection forms
    • Advising on applications or responding to applications
    • Acting on behalf of someone who lacks capacity to conduct court proceedings (i.e. as their “litigation friend”)
    • Making applications for the replacement of trustees who lack capacity, including where property is owned jointly.
       

    Our Court of Protection expertise

    • We have one of the largest specialist teams of Court of Protection solicitors, lawyers and assistants in the country, offering a rare combination of expertise and resources to deal with anything from a simple application to complex litigation
    • Eddie Fardell, Martin Terrell and Brian Bacon are highly regarded experts, with 50 years experience between them. Eddie and Martin are on the Court of Protection User Group, and Martin Terrell is on the panel of external Deputies, and they both often receive direct referrals from the Court and other professionals. We are appointed as deputies in over 250 cases
    • Our specialist Court of Protection solicitors give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the vulnerable or elderly person
    • We understand how the jurisdiction works and know when to compromise, fight or walk away. Where necessary, we work with leading barristers in this area and have been involved in some of the most difficult decisions made by the Court of Protection
    • We have particular experience in dealing with Court of Protection issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We also manage the affairs of many elderly clients suffering from dementia.
       

    Further help

    www.gov.uk/court-tribunal/court-of-protection

    Free initial consultation

    Call us to arrange a free initial consultation. We’ll clearly explain the options and the processes involved with the wills, gifts and other Court of Protection applications.

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  • Latest Updates

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  • Know How

Get in touch

Brian Bacon is a 'very experienced practitioner who offers good-quality advice'.

Client

"His guidance and understanding of our day to day obstacles mean that we feel we are certainly in the right hands.”

Chambers UK 2015

Very strong and frequently used as expert witnesses in cases involving Court of Protection elements.

Chambers UK 2015

Very impressive: they understand the challenges our situation brings, and guide us in the right direction.

Chambers UK 2015

A heavyweight team. They do a brilliant job and have built up real expertise in this area.

Chambers UK 2015

Thomson Snell & Passmore has ‘a brilliant team’.

The Legal 500 2013

I cannot speak too highly of the care, attention and sympathy that I have received.

Client

I have always had a first-class and friendly contact at all levels with TS&P.

Client

The whole process was made very simple.

Client

Very sympathetic and understanding during a very difficult period of my life.

Client

Initial contact was made at a time of great stress and I was glad to 'hand over' some of my concerns to TS&P. Their expertise and consideration has been a comfort in a time of continual stress. Thank you.

Client

We were looking for the best and have never been disappointed.

Client

Meet The Team

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