If you are worried about the mental capacity of a loved one, our Court of Protection experts are here to help.
Seeing the diminished mental capacity in someone you love is always concerning, whether it is because of natural causes or is the result of an accident or illness. The person needs support from someone who will act in their best interests to protect their welfare and their finances.
You’re in safe hands with our Court of Protection experts who will carefully explain how an application to the Court of Protection can secure an order that allows you, or another trusted relative or a nominated professional, to act and make decisions on your loved one’s behalf. This is known as obtaining a deputyship order.
If you feel this is the right thing to do, or you would like Debenhams Ottaway to act as a professional deputy on the persons behalf, please reach out to us. We will ensure that you have all the information you need to make an informed decision about whether applying to the Court of Protection is right for your loved one.
Contact our expert Court of Protection Solicitors in St Albans & Radlett
If you would like to learn more about the Court of Protection, would like us to act as a Court of Protection deputy, or would value support with making an application to the Court of Protection, please call us on 01727 837161 or email lawyers@debenhamsottaway.co.uk.
We have local offices in St Albans and Radlett, and work with clients from Hertfordshire, Bedfordshire, Essex, London and across the country.
Our Court of Protection and deputyship services
Diminishing mental capacity is a difficult time for families who only want the best for their loved ones. You need a Court of Protection solicitor who listens to you and who really understands your worries and needs. With a combined 45+ year experience, including working with local authorities, the Official Solicitor, and acting as a professional deputy, we will be your trusted adviser during this journey, helping you find the right solution that works for you.
Applying for deputyship
Our extensive expertise and knowledge of Court of Protection law means that we can clearly explain the complex legal framework of applying for deputyship. We can either support your application to be the named deputy, or we can apply to be a professional deputy who acts on your loved one’s behalf. We commit to making the often lengthy deputyship application as smooth as possible.
It is important to know that to make decisions about welfare and property and finances, this will require two separate court applications and that personal welfare orders are extremely difficult to obtain. This is where our expertise is invaluable.
Obtaining a Court of Protection order
The application process to become a Court of Protection nominated deputy involves completing several complex forms, corresponding with the court and getting a professional assessment of your loved one’s mental capacity. We will guide you every step of the way. Once a deputyship order has been granted, our expert advice will support you with fulfilling your duties.
There are two types of order that we can help you to secure:
- A property and financial affairs order. This gives you the legal authority to manage the individual’s financial affairs, such as dealing with their tax affairs and liaising with HMRC.
- A personal welfare order. This gives you the legal authority to make decisions about health needs and general welfare, such as arranging medical treatment. These orders are very difficult to obtain, but our expertise will give you the very best opportunity. We can also assist with applications for one-off decisions.
Legal support for deputies
Once your order has been granted, we will continue to support you to act as deputy. For financial support, this may mean supporting you with accounts and financial matters, liaising with the Office of Public Guardian about your annual report, or offering general legal advice and guidance. For welfare support, we understand how stressful this can be, our team offers personable and empathetic support and is always available to deal with difficult situations as they arise, offering expert advice on best ways to proceed.
At all times, we must act in the best interests of the person involved but our sympathetic and understanding approach will explain the options and help you make the right decision.
Please be aware that deputyship orders do not expire and only end when the person they relate to dies or regains capacity, or if the deputy wishes to retire, dies or loses their mental capacity. If there is ever evidence of financial abuse or neglect, then the order may be revoked by the Court of Protection.
Court of Protection disputes
As a deputy, you must act in the best interests of the person involved but other family members or carers may not agree with your decisions. We recommend trying to settle any disputes together. If this is not possible, we will support you to find a solution with the ultimate option of taking the matter to the Court of Protection.
We can also actively support you with any complaints or if you have a disputes with supervisory bodies. We may also act if there is a safeguarding alert about your loved one, or another vulnerable adult.
Court of Protection fees
At the beginning of a deputyship application there are several fees that need to be paid to the Court of Protection or medical surgeries/practices:
| Assessment of capacity form | Each surgery/practice has their own rates. Fees range from around £200 through a GP to £500+ through a private medical capacity assessment. |
| Court application fee | £408 (there is a fee exemption if certain criteria are met) |
| Security bond* | To be confirmed by the court |
| OPG appointment | £100 (one off fee) |
| Annual supervision fee (due 31 March each year) | £320 for general supervision or £35 for minimal supervision (this applies to some property and affairs deputies managing less than £21,000) |
* This is for property and affairs deputyships and is a type of insurance that protects the finances of the person the deputy is acting for. It is paid to a security bond provider, and the amount depends on the value of the individual’s estate. The expense can be claimed back from the estate once the order has been granted.
These fees are in addition to our fees, which we will discuss with you in person once we understand your unique circumstances.
Why work with Debenhams Ottaway Court of Protection solicitors?
Debenhams Ottaway’s specialist Court of Protection team has many years of experience to draw upon to successfully secure deputyship orders, including in contentious cases. Our experience spans the full range of deputyship and Court of Protection law, and we often act as trusted advisers to individuals throughout their life.
Our friendly approach will help you to feel very comfortable discussing often sensitive matters and we will always give you honest advice and pragmatic guidance, explaining the complex legal framework that we all have to act within to ensure a person’s best interests are protected.
We are often seen out in our local community, visiting care homes and assisted living communities and supporting their residents, linking in with other law firms, and sharing knowledge. It’s the passion for the law, and our specialist knowledge and experience that really sets us apart and makes us the Court of Protection solicitors of choice.
Frequently asked questions about the Court of Protection
If someone cannot make decisions themselves because they lack capacity, for example dementia, autism, or a brain injury, and there is no in place, the Court of Protection helps these individuals make decisions relating to their own finances and health. This may be appointing a deputy to assist with the management of finances or making a best interest decision with regards to health.
A person is identified as “lacking capacity” when, due to an impairment of the mind or brain, they are unable to understand, retain, weigh up, or communicate information needed to make a specific decision.
Under the Mental Capacity Act 2005 (MCA), capacity is assessed in relation to a particular decision at a particular time, not as a blanket judgment. The law sets out a two stage test:
Stage 1 – Impairment or disturbance
There must be an impairment or disturbance in the functioning of the mind or brain. This can be permanent (e.g., dementia, severe learning disability, brain injury) or temporary (e.g., delirium, unconsciousness, effects of medication).
Stage 2 – Inability to make the decision
Because of that impairment, the person is unable to do one or more of the following:
- Understand the information relevant to the decision
- Retain that information long enough to make the decision
- Use or weigh up the information as part of the decision-making process
- Communicate their decision (by speech, sign language, or other means).
Key principles of the Mental Capacity Act 2005
- Presumption of capacity: Everyone is assumed to have capacity unless proven otherwise.
- Decision‑specific: A person may lack capacity for complex financial decisions but still have capacity for everyday choices.
- Support first: All practicable steps must be taken to help the person make the decision before concluding they lack capacity.
- No assumptions: Capacity cannot be judged solely by age, appearance, diagnosis, or behaviour.
Deputies are the people appointed by the Court of Protection to make the decisions that need to be made on a vulnerable person’s behalf in their best interests. This can be for finances or health and welfare.
A Court of Protection order is a legal document that outlines the decision made by the Court of Protection and its directions. It may include details of who has been appointed as deputy to make decisions on behalf of the person who lacks the mental capacity to make decisions themselves and direct any evidence the court wishes to see.
If someone has lost mental capacity and they are not able to give instructions for lasting powers of attorney, then the only option is to make an application to the Court of Protection for the appointment of a deputy.
It is normally a relative who would make the application to the Court of Protection for their appointment as deputy. If there are no willing relatives to act then a close friend, lawyer or other professional could also apply to deal with all aspects of their financial affairs.
Contact our expert Court of Protection solicitors in St Albans and Radlett
Our specialist Court of Protection team will help you step-by-step in making a deputyship application, advise you on how to use the order once granted and what you will be expected to do in your role as deputy. All we would need from you is the financial details of the person you want to act for and contact information of their GP – we’ll do the rest.
Deputyship applications can be lengthy and can often take up to six months to obtain but we do have extensive knowledge and experience of dealing with the Court of Protection and will help to make the process as smooth as possible. If the application is urgent, we can assist you with making a “fast track” application to the court.
Personal welfare orders are difficult to obtain but we do have a good success rate in obtaining them and we can guide you.
If you would like to learn more about Court of Protection , would like us to act as a Court of Protection deputy, or would value support with applying to the Court of Protection, please contact the Court of Protection team today on 01727 837161 or email us on lawyers@debenhamsottaway.co.uk
We have local offices in St Albans and Radlett, and work with clients from Hertfordshire, London and across the country.