Court of Protection solicitors
Our specialist Court of Protection solicitors advise individuals, families and professionals across England and Wales on issues affecting people who lack mental capacity to make certain decisions for themselves. With experienced teams based in Cardiff, London, and Manchester, we provide national support in this complex and sensitive area of law.
Our Court of Protection team was awarded ‘Court of Protection Team of the Year’ at the British Wills and Probate Awards in both 2024 and 2025, and is highly ranked in both Chambers and Partners and The Legal 500, reflecting the depth of our expertise and the quality of our service.
What is the Court of Protection?
The Court of Protection is a specialist court that makes decisions for people who are unable to make decisions for themselves due to a lack of mental capacity.
It primarily deals with financial matters, including the management of money, property and investments. The Court may:
- Decide whether a person has the capacity to make a specific decision
- Appoint a deputy to make ongoing decisions on their behalf
- Authorise one-off financial decisions where required
- Consider issues relating to Powers of Attorney and statutory wills
Key contact
Tom Hall
Find advice
We also act as expert witnesses in high-value personal injury and clinical negligence claims, providing independent evidence on Court of Protection costs.
Our team is regularly instructed by leading claimant and defendant firms to prepare Part 35-compliant reports on the likely costs of managing a protected party’s financial affairs.
If someone lacks capacity and does not have a Power of Attorney in place, an application can be made to appoint a deputy to manage their financial affairs.
Deputies must comply with strict legal duties when managing finances. We provide guidance and ongoing support to help you meet these responsibilities.
Issues can arise with the use or validity of a Lasting or Enduring Power of Attorney. We advise on resolving disputes and protecting vulnerable individuals.
The Court can approve wills or gifts on behalf of someone who lacks capacity, ensuring their wishes and best interests are properly considered.
The length and cost of Court of Protection matters vary depending on the complexity of the case, but early advice can help avoid delays and unnecessary expense.
When you may need Court of Protection support
You may need advice from a Court of Protection solicitor in a range of situations, including:
- A family member has lost capacity due to illness, injury or disability
- There is no Lasting Power of Attorney in place
- You need to apply to become a deputy
- There are concerns about how someone’s finances are being managed
- There is a dispute about financial decision-making
We understand that these situations are often unexpected and challenging. Our role is to provide clear, practical advice and support throughout the process.
How Hugh James can help
We provide expert advice and representation across all aspects of Court of Protection property and financial affairs work, including:
- Deputyship applications and ongoing deputy support
- Acting as professional deputy
- Advising lay deputies on their duties and responsibilities
- Statutory wills and gifting applications
- Advice on Powers of Attorney and related disputes
- Support in complex, high-value or contested matters
Our focus is on protecting the individual at the centre of each case, while ensuring decisions are made efficiently and in their best financial interests.
Who you’ll be working with
Our Court of Protection team is made up of experienced specialist solicitors, paralegals and legal executives who focus exclusively on this area of law. We work closely with families, case managers and other professionals, building long-term relationships and providing consistent, high-quality support.
Members of the team are actively involved in training external organisations and contributing to the wider sector. This includes our annual virtual Court of Protection conference, which is consistently well attended by professionals across the sector and receives excellent feedback.
Useful links
PO Box 16185
Birmingham
B2 2WH
Email: [email protected]
Telephone: 0300 456 0300
Fax: 0870 739 5780
Court Funds Office
Glasgow
G58 1AB
Email: [email protected]
Telephone: 0300 0200 199
Official Solicitor and Public Trustee
Victory House
30-34 Kingsway
London
WC2B 6EX
Email: [email protected]
Fax: 020 3681 2762
Next steps
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