Court of Protection Solicitors
Supporting families when a loved one can no longer make decisions for themselves.
In the UK the Court of Protection receives around 35,000 applications each year.
If someone close to you has lost mental capacity and there’s no valid Lasting Power of Attorney in place, you may need to apply to the Court of Protection to make financial decisions on their behalf.
Our experienced solicitors in Crowborough and Haywards Heath can guide you through every step of the application process with sensitivity, clarity, and professionalism.
Court of Protection Solicitors in Crowborough, Burgess Hill & Haywards Heath
What Is the Court of Protection?
The Court of Protection (sometimes referred to as CoP) is a specialist court that makes decisions for people who lack the mental capacity to make decisions themselves. This might be because of dementia, brain injury, stroke, or severe learning difficulties.
The Court can appoint someone — known as a Deputy — to make decisions on their behalf regarding:
Property and financial affairs
Health and welfare
Selling or managing a home
Access to savings or pensions
Ongoing care and living arrangements
Without a Deputyship Order, even close family members do not have the legal authority to manage finances or make key decisions.
When do you need to apply?
You may need to apply to the Court of Protection if:
Your loved one has lost capacity and never set up a Lasting Power of Attorney
You need legal authority to manage their bank accounts, pay bills, or sell property
There’s disagreement over what is in the person’s best interests
You’re concerned someone is being taken advantage of financially
You need permission to make a one-off or complex decision (e.g. investment or gift)
We understand this can be an emotionally difficult time. Our job is to make the legal process as straightforward as possible.
Our Court of Protection services
Our dedicated team offers practical, compassionate support throughout:
Deputyship applications (property & financial affairs and/or health & welfare)
Acting as a professional Deputy where needed
Statutory Will applications
Gifting applications
Selling property with Court approval
Disputes involving the Court of Protection or Office of the Public Guardian
Why should I use Claire Nash Solicitors?
We act for spouses, adult children, carers, local authorities and professional advisers. We also work closely with medical professionals and care providers to ensure decisions are made in the person's best interests.
Specialist knowledge of Court of Protection and mental capacity law
Offices in Crowborough covering Haywards Heath and surrounding areas
Clear breakdown of fees
Sensitive, family-focused approach
Able to act quickly in urgent or time-sensitive cases
Why choose Claire Nash Solicitors?
We are experts in the Court of Protection process and will ensure you get the right outcomes.
Our experienced Court of Protection solicitors
Claire Nash
Emma Santos
Frequently asked questions
What is the Court of Protection and when does it get involved?
The Court of Protection is a specialist court in England and Wales that deals with decisions relating to people who lack the mental capacity to make certain decisions for themselves. It has wide-ranging powers, including appointing a deputy to manage someone's finances or make decisions about their welfare, authorising specific transactions such as the sale of a property on behalf of someone who lacks capacity, resolving disputes about a person's best interests, and overseeing the conduct of deputies who have been appointed. The Court typically becomes involved when someone has lost capacity and there is no Lasting Power of Attorney in place, or when there is a dispute about what is in that person's best interests.
How do I apply to become a deputy for someone who has lost mental capacity?
Applying to become a deputy involves submitting an application to the Court of Protection, which includes forms setting out your relationship to the person who has lost capacity, the extent of the authority you are seeking and why, and information about the person's financial affairs. The person who has lost capacity must be served with the application and has the right to object. Other interested parties, such as close family members, must also be notified. The Court will make its decision based on what is in the best interests of the person concerned. We can guide you through the entire application process and help you compile the required evidence.
Can family members disagree about who should be appointed as deputy?
Yes, and this is not uncommon. Disputes about who should be appointed as deputy can arise where there are family tensions, concerns about a particular family member's suitability, or disagreements about how the person's affairs should be managed. The Court of Protection takes all relevant views into account when making its decision and will appoint whoever it considers will best serve the interests of the person who has lost capacity. In contested cases, the Court may appoint a professional deputy, such as a solicitor, rather than a family member if it concludes that this is in the person's best interests. These situations can be emotionally and legally complex, and specialist advice is important.
What ongoing responsibilities does a deputy have once appointed?
A property and financial affairs deputy has a continuing duty to manage the finances of the person they represent prudently and in their best interests. This includes keeping accurate records of all income and expenditure, maintaining a separate bank account for the person's funds, submitting an annual report and accounts to the Office of the Public Guardian, and seeking Court approval for certain significant decisions, such as selling a property. Failure to meet these obligations can result in the Court revoking the deputyship or, in serious cases, action being taken against the deputy personally. The ongoing responsibilities of a deputy are considerably more burdensome than those of an attorney under a Lasting Power of Attorney.
Can a deputyship order be challenged or changed?
Yes. A deputyship order can be varied or discharged by the Court of Protection if circumstances change. For example, if a deputy is no longer able or willing to act, or if concerns arise about how they are managing their responsibilities, an application can be made to the Court to appoint a different deputy or to end the deputyship altogether. Interested parties, including family members or the Office of the Public Guardian, can raise concerns with the Court. If the person who lost capacity subsequently regains it, they can apply to have the deputyship ended. The Court retains ongoing oversight throughout the life of the deputyship.
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Claire Nash Solicitors is the trading name of Claire Nash Solicitors LTD Co. No. 10958514, VAT Number 285 152495 Claire Nash Solicitors is authorised and regulated by the Solicitors Regulation Authority. SRA number 643261