What is Court of Protection?

A person may lose the mental capacity to manage their own affairs.

This could be because they have been involved in a car crash and have a brain injury, or because they have a condition such as Alzheimer’s disease, dementia, or because they have a birth injury such as cerebral palsy.

Once a person has lost capacity their attorney can step in and manage things for them. However, sometimes a person hasn’t appointed an attorney before they lose capacity, or perhaps their attorney is no longer able to act. In that situation a deputy must be appointed. 

A deputy is very similar to an attorney but is appointed by the Court to look after the affairs of the person who has lost capacity (an attorney is appointed by the person needing one).

The Court of Protection is a special section of the Court which deals with applications relating to anyone who does not have the mental capacity to manage their affairs for themselves. So, if you wish to apply to become a deputy for someone, you must make an application to the Court of Protection. 

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The Court works hand in hand with the Office of the Public Guardian. This is a government office which has been set up to oversee the general management of the affairs of people lacking capacity. Therefore, once you are appointed as deputy for someone, your actions as deputy will be monitored by the Office of the Public Guardian. They generally require a deputy to fill in a return every year to say how they have spent the money of the person lacking capacity, and what decisions have been taken on that person’s behalf.

The purpose of the Office of the Public Guardian and the Court of Protection is to protect vulnerable people, make sure their affairs are properly looked after and that no-one takes advantage of the situation they are in.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.

Your Court Of Protection Team

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection team. After being admitted as a solicitor in 1986, Karen became…

Sapna Tugby

Partner

Sapna previously worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked…

Stephen Williams

Partner

Stephen Williams is the head of the Court of Protection health & welfare department and specialises in community care, health and welfare and mental capacity…

Helen Cruickshanks

Solicitor

Helen joined BHP Law in 2014 working within the Personal Injury team, progressing from paralegal to trainee solicitor and subsequently qualified Solicitor…

Simone Kent

Solicitor

Simone joined BHP Law in June 2016 during the course of her MLaw Exempting degree at Northumbria University. In the first semester of her final year,…

Melanie Morley

Solicitor

Law is Melanie’s second career, but over the last 18 years she has gained valuable experience working within the areas of construction, finance and…

Zoey Phillips

Solicitor

Zoey was admitted as a solicitor in 2021 after securing her masters degree in Law from Northumbria University. In 2017, Zoey worked at TLW Solicitors…

Andrew Wigmore

Solicitor

After being admitted as a solicitor in 2004, Andrew worked for a firm in Gateshead specialising in criminal law where he gained the Criminal Litigation…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team. …

Lisa Clark

Trainee Legal Executive

Lisa began her legal career with BHP Law in November 2003 when she joined the personal injury department in a secretarial/support role to assist three…

Ruby Knapton

Trainee Legal Executive

Ruby began working at BHP Law in 2017 as an admin assistant in residential conveyancing. She quickly became fascinated by the legal profession and knew…

Abi McDowell

Trainee Legal Executive

Abi studied law at A-Level and went on to successfully complete an apprenticeship in Business Administration. She joined BHP in 2018 as a secretary in…

Ellie Phillips

Apprentice Solicitor

Ellie joined us in September 2020 as an apprentice solicitor in our Court of Protection team, alongside studying at Northumbria University one day per…

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