Court of Protection Advice

Court of Protection Advice

At Watson Woodhouse we have a team of specialist court of protection solicitors who will, based upon your circumstances, provide advice and guidance. If The Court of Protection is involved in making decisions for your loved one who doesn’t have the mental capacity to manage their own affairs and decisions around welfare, we recommend a conversation. For a free initial consultation, contact our team today.

Individuals may lack capacity due to dementia, a learning disability or brain injury. If you have a loved one in this situation it’s important to seek the right advice as early as possible.

Court of Protection Solicitors

The court of protection takes the circumstances of an individual fully into consideration. Powers are given to others via a Lasting Power of Attorney with said person known as a ‘Deputy’. This can be a solicitor, friend or family member. The deputy makes legal decisions and manages financial affairs.

Court of Protection solicitors at Watson Woodhouse assist with the following welfare matters:

  • Medical treatment 
  • Sexual relations & marriage
  • Where someone should live
  • Receipt of care
  • Contact with others

Legal aid is available in such cases subject to eligibility.

We also assist in cases involving deprivation of liberty (DOLS). This authorisation is put in place when an individual is being deprived of their liberty and doesn’t have the mental capacity to consent. For example, if a person living in a care home is not free to leave without supervision but objects to this, a challenge made to the Court of Protection will consider their best interests.

Court of Protection Information

Anyone can apply to the Court of Protection. If under 18 the responsibility falls to a legal guardian who can apply without permission. A solicitor, deputy or anyone named in a court order is able to apply without permission. Family members, healthcare and local authorities can apply but require permission.

The Mental Capacity Act 2005 determines how decisions are made on behalf of someone lacking capacity by investigating the following:

  • Does the individual understand information relevant to a decision they are being asked to make? 
  • Can the individual retain relevant information?
  • Is the person able to weigh up information, helping to reach a decision?
  • Can the person communicate their decision, verbally or non verbally?

The challenge may be brought on behalf of a person lacking capacity by a family member. A Relevant Person’s Representative (family member or professional), brings the challenge on their behalf. Non-means tested legal aid is available when bringing an application on behalf of the person lacking capacity.

Our court of protection solicitors put your needs first, ensuring the process is as straightforward as possible. With a Mental Health contract in place, we’re able to represent those who need us the most. Working with Citizens Advice Bureau and charities such as Mind, we’ll assist you effectively and with empathy. 



Why use a solicitor?

  • Court of Protection is complex
  • A solicitor represents you in court
  • They’ll communicate with all parties

Why Watson Woodhouse?

  • We have vast Court of Protection experience
  • Your case is treated with sensitivity, confidentially
  • We seek progression quickly, with little distress

We are here to help

Call us for a confidential consultation with a specialist solicitor today on 01642 247656 or on our 24/7 Emergency Helpline 01642 917175

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01642 247656 24 Hour Arrest Helpline 01642 917175

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102-108 Borough Road
United Kingdom

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