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Our specialist Court of Protection & Vulnerable Persons team are dedicated to supporting and protecting the interests of those who no longer have the mental capacity to make their own decisions. Whether this is through illness, disability, or injury, we work with a range of vulnerable clients and their families to overcome the often complex legal issues that arise in these circumstances.
We can help you at every step with friendly, empathetic, and expert legal support.
Here at Fosters Solicitors, we make applications to the Court of Protection in situations where family members or professionals require legal authority to assist in the management of an individual’s property and finances or health and welfare when they lack the mental capacity to do this themselves.
The Court of Protection, situated in London, is an independent court with a number of responsibilities that can include determining whether someone has the mental capability to make financial or health decisions, and also decide on who to appoint as that person’s representative, known as the deputy.
We have qualified professionals who have extensive experience in applying for deputyships and understanding the impact these documents can have on your future, supporting and advising you through every step of the process.
We can assist you with a variety of applications, including:
We can advise and help with the preparation of your application and submit it to the Court of Protection on your behalf. Our aftercare team will guide you through what happens should you be successfully appointed as deputy and explain what the Court of Protection will expect of you.
If you do not wish to act as a deputy in your sole capacity, then as a firm we can step in to do this for you. For more information on this please contact our team.
In some circumstances when somebody loses capacity, problems and disputes can arise over the proper administration of that person’s affairs.
Our specialist team is here to offer expert advice about your situation and to find a solution that works for you.
We can assist with all type of dispute, including:
Our Partner, Chris Fielding is a full member of the Association of Contentious Trusts and Probate Specialists (ACTAPS), but also undertakes contested work in the Court of Protection. Chris specialises in this field, regularly supporting clients needing to bring or respond to applications. He is recommended in The Legal 500 UK as “empathetic and forensic in his analysis”.
We aim to give you, and those closest to you, peace of mind when it comes to the future. This includes putting in place arrangements for the unfortunate event that you are unable to manage your own affairs in the future due to an accident or a mental impairment, such as dementia, or suffering a stroke.
This can be in the form of a legal document known as a Lasting Power of Attorney (LPA), which allows you to give someone you trust the power to deal with your financial affairs, and/or make decisions about your health and personal welfare, if you are unable to do so. This person or people are known as attorneys. LPAs can only be made while you are of sound mind, so our advice is that you begin the process of preparing these as early as possible. The best time would be to prepare these at the same time as your Will.
Alternatively, if you do not prepare LPAs and unfortunately suffer from a mental impairment leaving you unable to manage your affairs, the only alternative is to apply for a Deputyship Order, which will allow a person or people known as deputies to be appointed to assist with your property and financial matters. In some cases, the deputies can make health and welfare decisions on your behalf. However, unlike LPAs, you will not have control over who is appointed on your behalf and the extent of their power. These decisions will be made by the Court of Protection on application. On this basis, it is preferable to make LPAs to ensure you remain in control of such decisions.
We also offer the service of acting as professional deputies and attorneys for those without close family and friends. This is a bespoke service tailored to the incapacitated person’s needs. However, it will generally include a regular review of the person’s living accommodation, finances, and general welfare.
For those without close friends or relatives, or who would prefer to appoint a specialist to act on their behalf, our experts, Paige Gouldthorpe and Steve Green, can provide a bespoke service and act as a professional attorney or deputy respectively, providing tailored support to meet the incapacitated person’s needs.
Members of our Court of Protection & Vulnerable Persons team are recommended in The Legal 500 UK, with head of department, Paige Gouldthorpe recognised as a ‘Rising Star’ and Partner, Steve Green a ‘Leading Individual’ in the rankings.
Our Senior Associate, Paige Gouldthorpe is the Chair of national networking group, Women in Wills – and is their sector lead for Court of Protection and vulnerable people. Paige is also a Senior Member of the Professional Deputies Forum.
Paige Gouldthorpe has undertaken awareness training as part of the Alzheimer’s Society initiative, Dementia Friends. Helping to understand and raise awareness of those living with the condition and how to support them.
Our Court of Protection & Vulnerable Persons team is comprised of highly experienced professionals committed to delivering exceptional legal services tailored to your capacity and care needs. With extensive knowledge in drafting and applying for deputyship orders, our team is well-equipped to guide you through every aspect of the process to ultimately safeguard the most vulnerable and protect their interests.
