Court of Protection

Our costs for making a property and affairs application to the Court of Protection vary according to a range of factors, such as the person’s assets, the availability of information and whether or not the application is likely to be challenged.

Once we have been able to carry out an assessment of the person’s circumstances, we will explain the likely costs involved. In addition to our own costs, court fees are also payable. Sadly, public funding is not available for property and affairs applications to the Court of Protection, but you may be exempt from paying court fees in certain circumstances and we will advise on whether this applies to you.

We will always provide a detailed cost estimate in writing at the outset and update you regularly to help you budget.

The Court of Protection is a legal court with authority to make decisions about financial and health and welfare affairs of people who cannot make such decisions for themselves at the time they need to be made.  The Court of Protection has power to appoint a ‘Deputy’ to make decisions on behalf of the person concerned if they lack the requisite capacity to make a Lasting Power of Attorney.

Our experienced Court of Protection team can assist with the following:

• Applications for the appointment of a Property and Financial Affairs Deputy
• Applications for the appointment of a Health and Welfare Deputy
• One-off applications to the Court of Protection e.g. for a Statutory Will or Gift application
• Applications to the Court of Protection to remove an existing Deputy or Attorney in cases of suspected financial abuse/neglect
• Advising Lay Deputies in respect of their duties and obligations and preparation of annual Deputyship reports

We can also act in a professional capacity as Deputy or Attorney taking on challenging cases involving family conflict and in circumstances where there are no family members willing or able to be appointed.

We have a very experienced Court of Protection department led by Cathy MacCracken, who is a member of the Court of Protection approved Panel of Deputies and one of only a handful of panel deputies in the North West.

Cathy and her team deal sensitively with the financial affairs of many individuals of all ages and from all walks of life who are unable to make decisions for themselves as a result of, for example, an acquired brain injury, an injury at birth, or issues caused by dementia.