The Court of Protection is an office of the High Court in London, which looks after the affairs of people who, as a result of some mental disorder are no longer able to manage their own affairs. A person called a deputy is appointed to deal with all financial matters. The Court, through the Office of the Public Guardian, supervises the deputy and makes orders detailing their powers.

We list here some of the circumstances when is it necessary to make an application:

  • if a person is incapable of managing their affairs due to their mental incapacity
  • there is no lasting power of attorney and the person is not capable of making one due to their lack of mental capacity
  • a person has assets that need to be used for their benefit
  • a person has assets over £10,000.

We are able to provide help and advice about applications to the Court of Protection for the following:

  • the appointment of a deputy
  • making gifts
  • making Wills
  • seeing awards from personal injury claims into trusts.

For further information or to talk to someone about issues relating to mental capacity, please contact a team member in the office nearest you:

Rachel Brooks, partner and head of Private Client Services group in our Portsmouth office, on 023 9228 2714 or at rachel.brooks@bllaw.co.uk.

James Antoniou, partner in our Oxford office, on 01865 254286 or at james.antoniou@bllaw.co.uk.

Fiona Fox, solicitor in our Southampton and Portsmouth offices, on 023 8085 7282 / 023 9228 2748 or at fiona.fox@bllaw.co.uk.

Douglas Smith, partner in our London office, on 020 7814 5438 or at douglas.smith@bllaw.co.uk.

Alternatively, email our general enquiries helpdesk on privateclientinfo@bllaw.co.uk.