Court of Protection
If someone you care for has lost mental capacity, we're here to help you understand your options and take the next step.
What is the Court of Protection?
The Court of Protection is a specialist court established under the Mental Capacity Act 2005.
It steps in when someone can no longer make their own decisions, whether due to dementia, a brain injury, or another condition, and appoints a Deputy to act on their behalf.
A Deputy performs a similar role to an Attorney under a Lasting Power of Attorney, but is appointed by the court rather than in advance. There are two types:
Property & Financial Affairs
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Financial Deputy
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Managing bank accounts and investments
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Paying for care and support
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Buying, selling or letting property
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Handling day-to-day financial needs
Health & Welfare
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Welfare Deputy
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Deciding where someone lives
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Overseeing medical treatment and care
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Managing daily routines and activities
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Decisions about social contact
Court of protection services
We believe in empowering our clients to be as independent as possible, whilst providing the structure and support they need.
Why families choose Rothley Law.
Specialist
Dedicated Court of Protection team,
not a generalist service
Compassionate
Full Service
From initial application through to ongoing professional Deputyship
If someone you care for has lost mental capacity, we’re here to help you understand
your options and take the next step.
How Rothley Law can help
Our Court of Protection team specialises in Property and Affairs Deputyships.
Whether you need help applying for a lay Deputy (such as a family member) or a professional one, we handle the full process, including contested applications.
We also offer a complete Professional Deputyship service. This means a member of our team takes on the Deputy role directly, managing finances on the person’s behalf. Many families find this removes an enormous weight from their shoulders.
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We assess the situation and advise which type of Deputyship is needed.
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We prepare and submit the application to the Court of Protection on your behalf.
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Once appointed, the Deputy must report annually to the Office of the Public Guardian.
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We can continue to advise the Deputy or act as Deputy ourselves going forward.
Frequently Asked Questions
What is the Court of Protection?
The Court of Protection is a specialist court established under the Mental Capacity Act 2005. It makes decisions about the property, finances, health, and welfare of people who lack the mental capacity to make those decisions themselves. It can also appoint a Deputy to act on someone’s behalf on an ongoing basis.
What is a Deputy, and what do they do?
What is the difference between a Deputy and an Attorney?
Do I need a solicitor to deal with the Court of Protection?
What happens if someone dies without having made a Lasting Power of Attorney?
If someone loses mental capacity without a Lasting Power of Attorney in place, their family or other interested parties will need to apply to the Court of Protection for a Deputyship. This is more complex and expensive than setting up a Lasting Power of Attorney in advance, which is why planning ahead is strongly recommended.
Testimonials
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Our Team
The people who make up the Rothley Law team work together to deliver the best results possible for our clients.
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Ellie Bodley
Trainee CILEx Lawyer
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Rebecca Bristow
Partner
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Andriy Buniak
Principal Associate
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Lily Ford
Paralegal
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Laura Gibbs
Senior Associate
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Abby Glendinning
Apprentice Paralegal
Our Locations
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Birmingham
Colmore Building, 20 Colmore Circus Queensway, Birmingham, B4 6AT
Birmingham
Colmore Building, 20 Colmore Circus Queensway, Birmingham, B4 6AT
Birmingham
Colmore Building, 20 Colmore Circus Queensway, Birmingham, B4 6AT
Birmingham
Colmore Building, 20 Colmore Circus Queensway, Birmingham, B4 6AT
