Court of protection

What is the Court of Protection?

The Court of Protection is the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.

If someone you know is unable to look after their own affairs, you may need to apply to be a deputy through the Court of Protection so that you can safeguard their welfare and finances on their behalf. Applying to the Court of Protection is quite a complex process that requires specialist legal advice and can take time to arrange.

How Our Expert Court Of Protection Solicitors Can Help You

At Russell & Russell Solicitors we have an experienced team who specialise in all matters relating to the Court of Protection. Regardless of the complexity of the situation or if your concerns are regarding yours or someone else’s ability to manage the affairs for you or a loved one, we will provide you with the advice and expertise you need.

If you would like to speak to us regarding any concerns you may have, you can make an online enquiry, call 0800 103 2600 or email info@russellrussell.co.uk or find out more about our Wills and Probate team, who will be happy to help you.

Frequently Asked Questions - The Court of Protection

We’ve outlined the most common Court of Protection questions people ask us below:

What is court of protection?

A Court of Protection is the statutory court that you apply to when someone doesn’t have the mental capacity to deal with their own affairs.

How much does it cost?

The solicitor’s fee, which is fixed by the court, is £950 + vat. There is also a £400 court fee although, depending on your income, you may qualify for exemption / remission and a doctor’s medical report costs in the region of £150 - £250. There are other ongoing court administration fees that are payable on an annual basis which we can also advise you on.

How long does the process take?

A Court of Protection order is a very involved process which takes around six months and requires specialist guidance. Due to the complexities in this area of the law, we always advise clients to set up a Lasting Power of Attorney which negates the need to apply for a Court of Protection.