Court of Protection Solicitors in Coventry
When someone you love loses the ability to make decisions for themselves, it can feel frightening and isolating. You may be unsure how to manage their finances, protect their home, or make sure their care needs are met, especially if no Lasting Power of Attorney (LPA) was ever put in place.
At Band Hatton Button, our experienced Court of Protection solicitors in Coventry provide clear, practical advice to individuals and families across Coventry, Warwickshire and the wider Midlands. Whether you need help applying for deputyship or understanding your responsibilities, we're here to guide you through the process.
Speak to our Court of Protection solicitors in Coventry today
To arrange an initial consultation, call us on 024 7663 2121 or email info@bandhattonbutton.com.
What is the Court of Protection?
The Court of Protection is a specialist court in England and Wales, established under the Mental Capacity Act 2005 (MCA). It makes decisions on behalf of individuals who lack the mental capacity to make those decisions themselves. It has authority over property and financial affairs, as well as health and welfare matters, and can appoint a deputy to act on an individual’s behalf on an ongoing basis.
When is a Court of Protection application needed?
An application is usually necessary when an adult has lost capacity due to dementia, a brain injury, a stroke, a learning disability, or a serious mental illness, and there is no valid LPA or Enduring Power of Attorney (EPA) already in place. Without one of these documents, even close family members don’t have automatic legal authority to manage their loved one’s affairs.
Understanding mental capacity
Under the MCA, mental capacity is assessed using a two-stage test: first, does the person have an impairment or disturbance of the mind or brain? Second, does that impairment prevent them from making the specific decision in question? The Act also sets out five statutory principles, including the presumption of capacity, the right to make unwise decisions, and the duty to act in the person’s best interests at all times.
Types of deputyship orders
The Court of Protection can grant two main types of deputyship:
- Property and Financial Affairs Deputyship covers decisions about bank accounts, investments, benefits, bills, and property. This is the most common type of deputyship order.
- Personal Welfare Deputyship covers decisions about care, medical treatment, and where the person lives. These are granted less frequently, as the Court prefers to make one-off welfare decisions where possible.
Both types carry significant ongoing responsibilities.
How to apply for Court of Protection deputyship
Applying for Court of Protection deputyship involves several steps. You’ll need to complete the COP1 application form, along with the COP1A (property and finance) or COP1B (personal welfare) supporting form, the COP3 assessment of capacity (completed by a medical professional), and the COP4 deputy’s declaration.
Close relatives of the person must be notified, and the application is then submitted to the Court along with the relevant fee. The process typically takes four to six months from start to finish.
Court of Protection fees and costs
Court of Protection fees include an application fee and, in some cases, a hearing fee. Once a deputyship is granted, annual supervision fees are payable to the Office of the Public Guardian (OPG), which oversees deputies. You’ll also need to obtain a security bond, which protects the person’s assets. Solicitor fees will vary depending on complexity.
The role and duties of a deputy
Acting as a Court of Protection deputy is a serious legal responsibility. You must always act in the person’s best interests, keep detailed records of decisions and expenditure, and submit an annual report to the OPG. Your authority is limited to what the deputyship order permits, and you can’t make decisions outside that scope without returning to the Court.
One-off Court of Protection orders
Not every situation requires a full deputyship. The Court can make single orders to authorise the sale of a property belonging to someone without capacity, approve a statutory Will, permit a specific gift, or approve the settlement of personal injury damages. These one-off orders can be a faster and more cost-effective solution where ongoing decision-making authority isn’t needed.
Alternatives to a deputyship application
If the person still has capacity, creating an LPA is significantly faster, cheaper, and less burdensome than a deputyship application. For those receiving certain DWP benefits, an appointeeship allows a trusted person to manage those benefits without a Court order.
Disputes and contentious Court of Protection cases
Family disagreements over a loved one’s capacity or care arrangements, challenges to an existing LPA, concerns about undue influence, or applications to remove a deputy can all come before the Court. These cases require careful handling. Our team works closely with our contentious probate solicitors to provide joined-up support when matters become disputed.
How Band Hatton Button can help
At Band Hatton Button, we understand that dealing with the Court of Protection can feel overwhelming, particularly when you're already supporting a loved one.
Our Wills, Trusts and Probate team includes STEP-qualified solicitors with extensive experience of Court of Protection work across Coventry and the wider Midlands. Whether you're applying for deputyship, managing your ongoing responsibilities as a deputy, or facing a contested case, we'll provide clear, practical advice tailored to your circumstances.
We also work closely with our Probate and Estate Administration team where additional support is needed following the death of a loved one.
Frequently asked questions about the Court of Protection
What is the difference between an LPA and a deputyship?
An LPA is set up by the person themselves while they still have capacity, giving named individuals authority to make decisions on their behalf. A deputyship is granted by the Court after a person has already lost capacity. An LPA is nearly always the faster, cheaper, and more straightforward option where it’s possible to put one in place.
How long does a Court of Protection application take?
Most applications take four to six months, though complex cases or those involving a hearing can take longer. We’ll give you a realistic timeframe at the outset and keep you updated throughout.
Do I need a solicitor to apply to the Court of Protection?
You can apply without a solicitor, but the process involves detailed legal forms, strict deadlines, and ongoing obligations once the order is granted. A solicitor can help ensure the application is completed correctly, avoid delays, and make sure you understand your duties as a deputy.
What happens if no one applies to become a deputy?
If no suitable family member or friend applies, the Court can appoint a professional deputy, such as a solicitor, to act instead. The local authority may also become involved where there are safeguarding concerns.
Need advice about a Court of Protection application in Coventry?
To arrange an initial consultation with one of our experienced Court of Protection lawyers, call us on 024 7663 2121 or email info@bandhattonbutton.com. We can talk through how to apply to the Court of Protection and discuss how we can assist you.