Court of Protection

The Court of Protection was set up to ensure that the interests of people who can no longer look after themselves are properly catered for. Where no Lasting Power of Attorney exists, the court can appoint Deputies to perform similar duties to an Attorney.

Both Attorneys and Deputies are bound to act within the provisions of the Mental Capacity Act 2005 and if there are Attorneys but their activities are questionable, it will be this court which decides whether or not they should be removed.  The same applies if Deputies fail in their responsibilities.

How we can help you

If you need to make decisions for someone who has lost capacity to deal with their affairs or make decisions, unless there is a Lasting Power of Attorney in place, you must apply to the Court of Protection.

Suppose your spouse had an accident and was left in a coma.  You must continue to pay the household bills and feed the family, but you may have no access to the bank account that normally covers these expenses.  You are understandably upset and worried about your partner and feel unable to cope with these practical aspects.

Your specialist lawyer from John Hodge Solicitors can guide and help you apply to the Court of Protection to become a Deputy, so you are able to make decisions on the care of your spouse and deal with the finances.

If you are already a Deputy, your solicitor can help with any concerns about your duties and advise you in your role

Why use John Hodge Solicitors?

At John Hodge Solicitors, we have been accustomed to making applications to the Court of Protection since its inception.  You will receive a service that:

  • Provides you with an individual legal expert and their secretary whom you can contact throughout office hours by telephone email or meeting them face to face at one of our offices whenever you wish
  • Is sensitive and sympathetic to both your emotional and practical needs
  • Will advise on the best options for your individual circumstances
  • Will move swiftly and insist that you get the help you need.
  • Can advise and help if you feel that someone else has been acting inappropriately or abusing a position of trust
  • Will advise you on what to do if you suspect the abuse of a vulnerable person
  • Will act for you in any hearing about whether you or someone else should be treated as able to make their own decisions

Been advised to apply to the Court of Protection, or have any other issue regarding being or dealing with a Deputy?
Contact us for sympathetic, specialist expert advice.

Partners

Jennie Stevenson
Solicitor
Clevedon
Disputes, Family, Wills, Estate Planning and Administration
Joanna Kenyon
Solicitor
Weston-super-Mare - Tivoli House
Wills, Estate Planning and Administration

Associates

Sara Anthony
Solicitor
Yatton
Wills, Estate Planning and Administration
James Ashby
Solicitor
Wedmore
Wills, Estate Planning and Administration
Emma Brown
Solicitor
Weston-super-Mare - Morston Court
Wills, Estate Planning and Administration

Legal Team

Andrew Carrigan
Consultant Solicitor
Weston-super-Mare - Morston Court
Wills, Estate Planning and Administration