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


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


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

Jonathan Barker

Senior Associate

Jonathan advises on all aspects of Mental Health and Court of Protection Law, alongside work in Civil Litigation. He is an Accredited Member of the Law…

Victoria Burrows

Senior Associate

Victoria joined BHP Law in December 2022 as a Senior Associate bringing over 10 years experience of working in Court of Protection (heath and welfare).…

Rachel Elliott


Rachel is an Associate Solicitor working across the Dispute Resolution/Employment and Mental Health teams. She has excellent academic credentials including…

Emma Wood


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

Jennifer Baister

Trainee Solicitor

Jennifer joined BHP Law in 2022, having previously specialised in handling a variety of personal injury claims arising out of Road Traffic Accidents at…

Catrina Hall

Trainee Solicitor

Catrina is currently a trainee solicitor having recently completed her LPC and Masters Degree in Law at Northumbria University, where she was awarded…

Lisa Clark

Trainee Legal Executive

Lisa joined BHP Law in November 2003 to provide Secretarial/Admin support in the Industrial Disease team, she became a Paralegal in 2005. Lisa…

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 Law in 2018 as a secretary…

Ben Armstrong

Apprentice Solicitor

Ben joined BHP Law in September 2022, after finishing his A-levels. Within Ben’s first year as a Solicitor Apprentice, he joined the Wills, Trusts,…

Megan Austin

Apprentice Solicitor

Megan joined BHP Law as a Solicitor Apprentice in 2022, following the completion of her A-Levels. Megan studies at Northumbria University one day per…

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