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Wills & Probate

Court of Protection Applications

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Court of Protection application

The Court of Protection deals with the property, financial affairs, and personal welfare of people who lack the mental capacity to make those decisions themselves.

We can assist you with all types of applications to the Court of Protection including but not limited to:


If a person lacks the capacity to make a Lasting Power of Attorney or to manage their affairs then an application can be made to the Court of Protection for someone to be appointed to make decisions on their behalf and we can assist with this. We can also help deputies submit an annual report to the Office of the Public Guardian explaining the decisions taken in the past year.

One-off Decisions

If you wish to obtain authority to make a decision for a person who lacks capacity you can apply to the Court of Protection for a one-off order. This could be necessary where it is desired to make a gift to reduce their inheritance tax liability, to request payment for family care or authority in relation to particular medical treatment.

Trustee Act Applications

If a property is jointly owned and one owner lacks the capacity to participate in a sale and does not have Lasting Power of Attorney in place, an application may need to be made for them to be replaced as a trustee so that the property can be sold. This would not affect their benefit entitlement.

Statutory Will

If a person does not have the mental capacity to make a Will and you do not consider that it is in their best interests for the estate to be distributed under their existing Will or the intestacy provisions, you can apply to the Court of Protection for a statutory Will to be made on their behalf.

Need Legal Assistance on Court of Protection Applications?

Key Contacts

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Chris O'Callaghan

Private Client Partner

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Devorah Ormonde

Private Client Partner

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