Court of Protection Solicitors - Butcher & Barlow LLP

Planning for the future can be daunting, particularly when a loved one is no longer able to make decisions for themselves. You may be unsure what you are allowed to do, how to protect their money or how to ensure their wishes are respected.

The Court of Protection exists to ensure that important decisions about a person’s finances, property or welfare are made in their best interests.

At Butcher & Barlow, we provide sensitive, straightforward guidance for families, carers and appointed Deputies navigating these responsibilities.

Our experienced team can assist with deputyship applications, resolve disputes and offer clear advice on best-interest decisions.

With expertise in both financial and welfare matters, we handle every case with professionalism and compassion, so that you feel supported and confident that your loved one’s needs are protected.

Get expert advice on the Court of Protection today from Butcher & Barlow

If you would like advice about the Court of Protection or deputyship, please contact our Court of Protection Solicitors on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.

Butcher & Barlow – Guiding you through the Court of Protection process

Understanding the Court of Protection and its role

The Court of Protection makes decisions on behalf of people who lack the mental capacity to make certain decisions for themselves.

It oversees health, welfare, property and financial matters and ensures that every decision made is in the person’s best interests.

The Court may:

appoint a Deputy to manage ongoing affairs
make one off decisions about a specific issue
resolve disputes about capacity or about a Lasting Power of Attorney

Our Court of Protection Solicitors support families and carers through each stage of the process with sensitivity, helping to safeguard the wellbeing and rights of your loved one.

When might you need the Court of Protection?

You may need to apply to the Court of Protection if a loved one is unable to make their own decisions and no Lasting Power of Attorney is in place, or if there is disagreement about what should happen next.

In these situations, the Court can:

appoint a Deputy to manage the individual’s property, finances, or welfare
make one off rulings on important matters, such as gifts, care arrangements, or living arrangements
resolve disagreements about what is in a person’s best interests

If you feel the Court of Protection may need to be involved, our team will take time to understand your situation and provide clear, compassionate advice on your best options and next steps.

Deputyship: Managing affairs for those without capacity

When someone loses mental capacity and no Lasting Power of Attorney exists, the Court of Protection can appoint a Deputy to manage their financial, property or welfare affairs.

Acting as a Deputy carries important responsibilities. Every decision must be made in the individual’s best interests, and Deputies must follow the Court’s directions carefully.

Our Court of Protection team can support Deputies at any stage of the process, from preparing the application and handling the paperwork to advising on day to day decisions and ongoing compliance with the Court’s requirements. Our team can also act as a professional Deputy where it is in the best interests of your loved one. This means that these important decisions are managed by a specialist with the individual’s welfare at the forefront.

Property and Financial Affairs Deputyship

A Property and Financial Affairs Deputyship gives a trusted person the authority to manage the money and property of someone who no longer has mental capacity. This may include:

paying household bills and care fees
managing pensions, savings, and benefits
dealing with banks and other organisations
selling property or renting property out where this is necessary and appropriate

The Court of Protection grants this authority. Deputies must keep accurate records and always act in the individual’s best interests.

Our Solicitors can provide practical advice on the management of property and financial affairs during the deputyship application and the responsibilities following an order of the Court. We help you to put clear systems in place so that financial matters are managed accurately, transparently and in line with the Court’s requirements.

Personal Welfare Deputyship

A Personal Welfare Deputyship allows someone to make important decisions about another person’s care, medical treatment and day to day living needs when they can no longer do so for themselves.

This type of authority is only granted in specific situations, limited to when there is no Attorney in place or when disagreements arise about what is best.

Our Court of Protection Solicitors can help you complete the application to ensure it meets the Court’s requirements and reflects the individual’s best interests. We can advise you on whether a Personal Welfare Deputyship is appropriate in your circumstances.

Our Court of Protection Solicitors will help you complete the application so that it meets the Court’s requirements and reflects the individual’s best interests. Our team provides sensitive, practical support to ensure every decision is made with the person’s wellbeing at heart.

How to apply for Court of Protection deputyship

Applying for deputyship through the Court of Protection involves completing detailed forms about the person’s situation, the applicant’s suitability and the type of deputyship being requested.

The Court carefully reviews each application before granting authority, so accuracy and efficiency are essential to prevent delays.

At Butcher & Barlow, we guide you through every stage of the process, from gathering information and preparing paperwork to explaining ongoing responsibilities once deputyship is approved. Our experienced team will ensure your application is thorough, compliant with Court requirements, and handled with the care and attention these important decisions deserve.

Responsibilities of a Court of Protection Deputy

The responsibilities of a Deputy will depend on the type of deputyship application/order and may include managing finances, arranging care, or making day-to-day welfare decisions.

Deputies must also keep detailed records and provide regular reports to the Court of Protection and the Office of the Public Guardian.

Many Deputies worry about making a mistake. Our Court of Protection Solicitors explain your duties in plain language and provide ongoing guidance so that you can meet your responsibilities with confidence and without unnecessary stress.

Resolving Court of Protection disputes

Disagreements can arise about who should act as Deputy, how finances are managed, or what care arrangements are in a person’s best interests. These disputes are often both complex and emotionally sensitive.

At Butcher & Barlow, we work to resolve matters calmly and constructively through negotiation or mediation wherever possible, using court proceedings only when necessary.

Our priority is always to protect the rights and welfare of your loved one while providing practical advice and support to those involved. We aim to achieve fair, respectful outcomes that safeguard both wellbeing and peace of mind.

Why choose Butcher & Barlow?

Navigating the Court of Protection requires both specialist knowledge and a sensitive approach. At Butcher & Barlow, our Solicitors have extensive expertise in all aspects of deputyship, capacity assessments and best-interest decisions. We regularly support families, carers and professional deputies through complex and often emotional situations, providing clear advice and calm, practical guidance.

We aim to be your trusted Solicitors for life, not just for a single application. We work with you, not just for you, so that important decisions are shared, and you feel supported rather than overwhelmed. Our team includes specialists recognised for their work in mental capacity and Private Client law, ensuring every case is handled with care and precision. You can trust us to manage the legal details confidently while keeping your loved one’s wellbeing at the heart of every decision.

Get expert advice on the Court of Protection today from Butcher & Barlow

If you would like to speak to someone about the Court of Protection or deputyship, please contact our Court of Protection Solicitors. You can call us on 0161 764 4062 or enquiries@butcher-barlow.co.uk

Frequently asked questions about the Court of Protection

What is the Court of Protection?

The Court of Protection is a specialist Court that makes decisions on behalf of people who lack the mental capacity to make certain choices themselves.

It covers areas such as managing finances, property, health, and welfare. The Court can appoint deputies to act on a person’s behalf, make one-off decisions about specific issues, or resolve disagreements about capacity or decision-making.

Its main role is to ensure that every decision made is in the person’s best interests, offering a legal framework that protects vulnerable individuals and provides clarity for families, carers, and professionals involved in their care and support.

Who can apply to become a Deputy?

Anyone over the age of 18 can apply to become a Deputy, provided they are capable of assuming the responsibilities that the role entails.

Most often, a family member, close friend or trusted professional applies to act on behalf of the person who has lost mental capacity.

The Court of Protection assesses whether the applicant is suitable, considering factors such as their relationship with the individual, financial reliability, and ability to act in the person’s best interests.

In some cases, a professional Deputy may be appointed if no suitable relative or friend is available, a role our Solicitors can fulfil if required.

What powers does a Court of Protection Deputy have?

A Court of Protection Deputy’s powers will depend on the type of deputyship granted. A property and financial affairs Deputy can manage the person’s money, pay bills, handle investments or make decisions about property.

A personal welfare deputy may make choices about healthcare, care arrangements or day-to-day living needs.

Deputies must always act in the individual’s best interests, keeping careful records and following any limits set out in the Court order.

Their role is to ensure that decisions are made responsibly and in line with both the person’s wishes and the Court’s requirements.

How long does the Court of Protection application process take?

The time it takes to complete a Court of Protection application can vary depending on the complexity of the case and the information provided.

On average, straightforward deputyship applications take around four to six months from submission to approval. The Court must review detailed forms, notify relevant parties, and consider any objections before granting an order.

Applications may take longer if additional information is requested or if disagreements arise. We work efficiently, respond promptly to any queries from the Court, and keep you updated throughout so that the process feels as smooth as possible.

Can the Court of Protection remove a Deputy?

Yes. The Court of Protection can remove a Deputy if they fail to carry out their duties correctly or act against the person’s best interests. This could include mismanaging finances, neglecting responsibilities or breaching the Court’s instructions. The Court may investigate concerns raised by relatives, local authorities or the Office of the Public Guardian, which supervises Deputies.

If necessary, it can revoke the Deputy’s authority and appoint someone else to take over.

Most Deputies carry out their role properly, but if there are concerns, we can advise both Deputies and family members on the options available.

What happens if there is a dispute in the Court of Protection?

Disputes in the Court of Protection can arise over who should act as Deputy, how finances are managed, or what care arrangements are appropriate.

The Court encourages parties to resolve disagreements through discussion or mediation where possible, but it can make binding decisions when agreement cannot be reached.

During proceedings, the Court focuses on the person’s best interests, considering medical evidence, professional opinions and family input. It may issue specific directions or rulings to resolve the matter.

We often help families to reach an agreement before a final hearing, and where that is not possible, we guide you carefully through each stage of the process.