What is the Court of Protection?

The Court of Protection is a specialist court set up to make financial or welfare decisions on behalf of people who don’t have the mental capacity to make those decisions for themselves or to appoint somebody to make those decisions for them by a Court Order.

Orders will be made separately for either property and finances (common) as well as health and welfare matters (much rarer).

Once appointed, that person is called a Deputy.

People may lack mental capacity because, for example:

• They’ve had a serious brain injury or illness
• They have dementia
• They have severe learning disabilities

Request a call back from our Court of Protection team.

What is the role of the deputy?

The role of the Deputy is to support the incapacitated person to make decisions in relation to their affairs as much as they are able.

The deputy must follow the principles of the Mental Capacity Act 2005 alongside the Code of Conduct and carry out their duties in line with the OPG Deputy standards.  All decisions or actions taken have to be made in the best interests of the incapacitated person. 

The deputy could be a trusted family member; anyone can apply to become a deputy as long as they are aged 18 years old or over and have the mental capacity to do so.  They must also meet the requirements as per COP4: Deputy's Declaration.

Court-appointed deputies

If the Court considers it appropriate to do so, they can appoint a professional Deputy. This may be necessary if the person’s estate is high value or complex and needs to be managed by an experienced individual or Trust Corporation with experience in investing and working collaboratively with a multi-disciplinary team to get the best outcome for the incapacitated person.  

The Court can also appoint a panel deputy – this could be a solicitor/law firm or local authority who has been pre-approved by the Court to be on their panel and this may be the case where this is nobody willing or able to act. 

Want to know more about court-appointed deputies? Make an enquiry.

Jackson Lees Trust Court of Protection Team

At Jackson Lees, we have a specialist Court of Protection team who support clients who require a property and finance deputy or assistance on these types of matters.

Our Head of Department, Joanne McNally is supported by Deputy Head, Danielle Carter. They both work closely with solicitors Kelly Duncan and Naomi Fathers and have a wealth of experience between them. Sharon Fletcher leads the Admin team in the COP department whilst supporting the legal team.  

Jackson Lees also work alongside clients and other law firms who don’t have a Court of Protection team of their own in the preparation of expert witness reports for professional deputy costs. Read below to find out how.

Call today and speak to a member of our Court of Protection team

How can Jackson Lees help clients?

Helping you become a deputy and supporting you in the role

In circumstances where someone is able to take on the role of deputy for their loved one, we are able to act in helping them through the court process.

We can compile the paperwork needed for the court application, taking away the stress of the process and following this, are also able to provide assistance and advice in your new role as Lay Deputy.

Becoming a deputy for you or your loved one

The Jackson Lees Trust Corporation Limited (JLTC) acts as a Court of Protection property and finance Deputy and this model means our team can support more clients, with an increasingly flexible and streamlined service.

As well as being appointed as deputy for clients who no longer have the capacity to make decisions for themselves, the JLTC can also act as attorney or trustee for clients who have planned for the future and wish for our team of professionals to be appointed where they can no longer manage their finances.

We aim to build lifelong relationships with both our clients and their families, creating a trusting bond and enabling us to work together to secure the best possible future for our clients.

If you would like to know a little more about what the team do or believe they can make a positive difference to you/your family then please call us on 0151 282 1700, request a callback at your convenience or message us your enquiry.