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

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Reviews of our Court of Protection team

August 27, 2026
I am writing to express my appreciation and thanks for all your hard work guiding us through the process. At every stage of the sale you provided clear guidance and support and always made sure we were fully updated. I felt confident working with you as you were approachable, calm and understanding and responded to any queries that we had.
- Property sale
August 25, 2026
Have used Rothera Bray 3 times in the last year and each time my cases have been handled with care and speed.
- Aden Millen
August 25, 2026
Claire, thank you so much for all of your help discussing my birth, reviewing the notes and talking me through the legal process. I am so grateful that you took the time. Understanding the process has helped me heal
- Mrs. L
August 25, 2026
I’ve bought and sold several properties over the last 10 years and, as a result, have used a number of different solicitors. Rothera Bray have been by far the most consistent and reliable.Julekha and Sarrina have always been amazing to deal with. They’re clear, honest and proactive throughout the whole process, keeping you informed and making what can often be a stressful experience feel straightforward.Their communication is excellent, they genuinely take the time to explain things, and I’ve always felt that they have my best interests at heart.I wouldn’t hesitate to recommend Julekha, Sarrina and the team at Rothera Bray, and I’ll definitely continue to use them for any future property transactions.
- Heena Kankali
August 24, 2026
I cannot speak highly enough of the team, especially Lisa and Laura. They worked efficiently. They were very supportive, contactable and very accommodating of any questions or additional support required. They remained professional and made the process as smooth as possible for my house completion. I definitely recommend the team. Thank you.
- Amrin
August 24, 2026
Updated our wills. A very straightforward and painless process. Brett was very professional in executing our instructions.
- Peter
August 24, 2026
Our experience with the conveyancing team at Rothera Bray has been exemplary from start to finish. Lisa was very helpful from the outset, making it clear we could contact her if we had any problems completing the paperwork which put our minds at rest. As a result the entire process was seamless, culminating in us meeting Laura who is very personable. We would have no hesitation in recommending Rothera Bray's conveyancing team, in particular Lisa and Laura, who are both friendly and helpful. Many thanks to both.
- Tony Jones
August 23, 2026
Rothera Bray are outstanding solicitors, Abbey and Luisa were very professional, helpful and supportive throughout the entire process. They kept me updated with all information and explained everything clearly, they always available and happy to answer any question or queries I had.Their expertise and dedication was outstanding. I am very grateful for the support they gave me. I would highly recommend Rothera Bray to anyone seeking legal advice or representation and would certainly seek their services should I ever require them in the near future.
- Joanne Maddocks
August 23, 2026
Fantastic service from both Abbey and Louisa. They were extremely responsive, helpful and supportive throughout the entire process. Everything moved quickly, and they did everything they could to keep things progressing as quickly as possible. I couldn’t recommend them highly enough and will definitely be returning to them for anything I need in the future.
- Clare Jacobs
August 20, 2026
Abbey was recommended by estate agents in Loughborough and I am so pleased I took the recommendation! I cannot fault her or Luisa, from response times to proactively keeping us up to date at every stage of purchasing our house. They made what could have (and has been previously) a very stressful process a smooth one without the hassle of having to chase for updates. I cannot recommend Rothera Bray, Loughborough enough.
- Lisa H
August 19, 2026
I would first like to sincerely thank you and counsel for all your help with the inquest. You both have been brilliant and a great support during this process. I know that yourself and other associates have put a lot of effort into this proceeding, and this is very much appreciated.
- Paulina
August 19, 2026
We worked with Jo to make changes to our premises licence, and I genuinely couldn’t recommend them more highly! Jo was always available to answer any questions we had and made what could have been a complicated process feel incredibly straightforward. They handled everything for us, kept us updated throughout, and made the whole licence change completely stress-free. We felt in very safe hands from start to finish and wouldn’t hesitate to work with Jo again.
- Meg Geraghty
August 19, 2026
Really positive from my initial phone enquiry to 1st meeting, the whole team at Rothera Bray was extremely supportive and offered guide guidance throughout my situation with regards to a settlement agreement I needed advice on. It was a very difficult situation and in the end a positive result was achieved, giving me some additional benefits to which I was originally offered. I phoned a few companies in Nottingham originally to get support and Rothera Bray by far made me feel the most at ease and it was an easy decision and fast turnaround to get the result I wanted.
- Settlement agreement
August 19, 2026
We would like to thank you all, for everything you have done. From the bottom of our hearts. You have all worked above and beyond. I honestly cannot thank you enough. If anyone needs a family solicitor, I will recommend your team.
- Family law client
August 19, 2026
I recognise these are not ideal circumstances and there is still some way to go, but I wanted to say thank you to you (Gabriella), Lucy and Hannah for getting me to a stage where I have been reunited with my daughter.
- Anonymous child care law client
August 19, 2026
I cannot begin to thank you for the countless hours you devoted to ensuring everything was presented clearly and thoroughly. Throughout this entire journey, you have been an advocate not only for me, but for my children as well. I truly do not believe I would have achieved the outcome I did today without your guidance, support, and belief in me from day one.
- Child care client

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