Opens in a new tab

Court of Protection Applications

Apply to protect the one you love

If a loved one needs to make important decisions about their finances, property, medical treatment, or other affairs – but they lack the mental capacity to do so – the Court of Protection can make these decisions on their behalf.

The Court of Protection in High Holborn, London

What is the Court of Protection and what does it have power to do?

The Court of Protection is a specialist court that make decisions for those who lack mental capacity. The court is based in London, but cases are usually dealt with on paper without a hearing.

The Court of Protection can:

  • Decide whether a person lacks mental capacity
  • Consider appointing a deputy to make ongoing decisions for someone who lacks mental capacity, either for financial affairs, welfare decisions, or both
  • Handle urgent or emergency applications, including urgent medical treatment decisions
  • Grant permission to make a one-off decision on behalf of someone who lacks mental capacity, such as making a significant financial gift, purchasing property, or deciding where the individual should live
  • Make decisions about Enduring Powers of Attorney and Lasting Powers of Attorney, including objections to registration or questions of validity
  • Authorise a Statutory Will for someone who lacks capacity to make their own Will
Apply to the Court of Protection

What is the difference between a Power of Attorney and Court of Protection Deputyship?

A Lasting Power of Attorney is put in place in advance by someone who has mental capacity, allowing them to choose who will make decisions on their behalf in the future.

A Court of Protection Deputyship is required when a person no longer has capacity to make a Lasting Power of Attorney and did not put one in place.

How long does it take the Court of Protection to appoint a deputy?

Court of Protection applications typically take several months to be processed, although timescales can vary depending on complexity and whether the application is contested.

Who can apply to the Court of Protection?

Applications can be made by family members, friends, professionals, or organisations involved in the care or affairs of the person lacking capacity.

How much does it cost to set up a Court of Protection deputyship?

Costs include a Court application fee and possible hearing fees if the application becomes contested. If you are applying to be deputy for a loved one, a deputy bond and ongoing supervision fees payable to the Office of the Public Guardian will also apply. Professional fees may also apply depending on who acts as deputy.

How do you apply for a Court of Protection order?

The application process involves submitting a capacity assessment, completing the relevant Court forms, notifying interested parties, and awaiting Court approval.

Who can act as a Court of Protection deputy?

A deputy can be a family member, friend, or a professional such as a solicitor, depending on the circumstances and complexity of the individual’s affairs.

Why use Rothera Bray for Court of Protection applications?

We can:

  • Prepare lay deputyship applications
  • Prepare applications for one-off decisions
  • Prepare applications for Statutory Wills, where the circumstances are appropriate
  • Prepare applications for gifts to be made by an attorney or deputy, where the circumstances are appropriate
  • Carry out home visits where required
  • Liaise with our Serious Personal Injury and Medical Negligence team and advise on professional deputyships where capacity has been lost due to injury and there is a substantial sum of compensation to be managed
  • We’re members of the Association of Lifetime Lawyers and the Society of Trust and Estate Practitioners (STEP).
Accredited memberships of the Association of Lifetime Lawyers and Society of Trust and Estate Practitioners
We can advise on your application for deputyship, or our partners can be a professional deputy on behalf of your loved one.

Contact our Mental Capacity and Court of Protection team

Please give as much detail as possible, so we can give you the best-possible legal advice right away.

Reviews of our Court of Protection team

October 5, 2026
I was updating my Will after twenty years and received professional, friendly and prompt service from Azeem and his paralegal Amy. It was a fairly straightforward will but Azeem was understanding when I kept making sure that the contents were what I wanted with as many obvious bases covered as possible. Everything was explained to in plain English at every stage. Great service, thank you.
- Karen
October 5, 2026
Excellent conveyancing service. My solicitor was consistently professional, calm and informative throughout the entire process. They gave me clear advice when I wasn’t sure how to respond to the buyer’s solicitor’s questions, and handled every stage of the sale with confidence and care. They remained patient when my first sale fell through and were very supportive during the second sale... The price they quoted was the price I paid even though it was over two years between quote and sale completion. I’m very pleased with the service and will definitely use them again for future property purchases.
- Angela Moore
October 5, 2026
The procedure was completed very quickly and efficiently, and any queries answered without delay. I have been both impressed and pleased.
- Carole & Keith
October 2, 2026
I cannot begin to express my gratitude to Rothera Bray for the service provided when selling and purchasing my home. I had the great good fortune to have Sade Love and Shelby Richardson as the Conveyancing team for my sale of my home and purchase of my new home. Throughout both Sade and Shelby have provided beyond excellent service, dealing with issues and progressing the process to keep both sale and purchase in sync. Certainly it is true that this can be a most stressful process but Shelby was always at the end of the phone to reassure and explain matters, and Sade as lead, kept us informed and moved the issues and process forward with an expert eye on details. I have no hesitation in recommending Rothera Bray as a fantastic company who provide a great service at a truly reasonable price. Thankyou Rothera Bray and Thankyou Sade and Shelby. Superb.
- Michael O'Neill
October 1, 2026
I recently used Abbey as my solicitor when selling my property, with the assistance of Luisa. They were both extremely efficient, helpful and professional throughout the whole process. They kept everything moving smoothly and were always happy to help whenever I had any questions. I’m really pleased with the service I received and would definitely recommend them to anyone looking for a solicitor.
- Joe
October 1, 2026
Very impressed with the efficiency, professionalism and friendliness of Rebecca and Kate. The whole process was without flaw. Thank you.
- Ken Phillips
September 30, 2026
Abbey and Luisa at Rothera Bray were absolutely exceptional in dealing with the legal side of buying our first house. They made everything very easy and had great communication through the whole process. Would 1000% recommend!
- Emma Park
September 25, 2026
I couldn’t recommend them highly enough. From start to finish, they made what could have been a very stressful house sale and purchase feel much easier to manage. Ellie was fantastic throughout the whole process. She was always helpful, responsive and kept us updated at every stage, even when things became a little complicated and stressful towards completion. She took the time to explain things clearly, answered all of our questions and made sure everything was dealt with properly.
- David Higginbottom
September 25, 2026
Couldn’t have asked for better service. Not for the first time I found Rothera Bray Solicitors excellent in handling the sale of my property and subsequent purchase of another one. In particular Lucy and Karen were always timely, efficient, put up with my queries and questions and accommodated everything that I asked of them. Without hesitation I would recommend the firm for any one that’s selling or buying property.
- Guy Legg
September 24, 2026
We have used Rothera Bray for several different will and probate matters over the last few years. Nelissa Hicks has been outstanding. Excellent communication at all stages. Prompt and efficient replies to all our numerous queries. She has also been very helpful on providing guidance to help us with our future plans. We would highly recommend the company and will not go anywhere else in the future. Thankyou Nelissa. 5 stars.
- Andrew Smith
September 24, 2026
We had a really positive experience with Sally Simpson at Rothera Bray while buying our new house. She was great throughout the whole process - quick to respond, professional, made everything really straightforward. We felt listened to and kept in clear communication at all times, which really made the whole process feel stress-free. Highly recommended.
- Sarah Davies
September 23, 2026
Excellent solicitors. Libby was a delight to meet. Supported me through the whole process. Explained everything and provided me with the information needed. It made a stressful time easier.
- Vivienne Kirton
September 23, 2026
Rothera Bray have just finalised the estate of my late dear mother. Ed Granger has provided a compassionate, efficient and speedy service throughout. He has explained the process at every stage, using easy to understand language without ever being patronising which has made such an emotionally difficult time easier to cope with. I would certainly recommend.
- Lorraine
September 22, 2026
I had Chelsey and Anton representation on case and the outcome was even better than anticipated. Super helpful, knowledgeable and professional. Could not recommend this firm and them specifically enough!
- Farida
September 22, 2026
Experts, friendly, understandable, great service! I went to the Loughborough office and saw Nelissa Hicks. She was clear, concise and helpful with my will...I would recommend her to anyone.
- Carole Ann
September 21, 2026
I had a very positive experience with my solicitor. They were professional, approachable, and kept me well informed throughout the whole process. Communication was excellent, and they always took the time to explain things clearly and answer any questions I had. I also found their fees to be very reasonable and transparent, which was greatly appreciated. Overall, I was very happy with the service I received and would have no hesitation in recommending them to anyone looking for a professional, reliable, and reasonably priced solicitor.
- Peter V

Latest Mental Capacity and Court of Protection news