Decisions that matter...

When a loved one becomes unable to deal with their own finances or welfare, protecting their best interests is a priority. You can ensure this happens by applying to become their deputy through the Court of Protection.

With the law on your side, you can rest assured knowing the care and affairs of your loved one are in the best hands. To find out how our Court of Protection solicitors can help you, get in touch today.  

What is the Court of Protection?

Created under the Mental Capacity Act 2005, the Court of Protection is the ruling body of property, financial affairs and personal welfare for individuals who lack the mental ability to make decisions relating to these matters themselves.

If you have found yourself caring for someone who is unable to make these decisions, the Court of Protection is responsible for confirming whether this is in fact the case. As well as appointing deputies to make ongoing decisions on behalf of the individual, the Court can also grant permission for one-off decisions to be made, no matter how urgent these may be.

How we can help you

We understand how challenging these circumstances can be, which is why our dedicated team is on hand to help you every step of the way with your case at the Court of Protection. This includes: 

  • Deciding upon who is an appropriate deputy 
  • Confirming exactly what assets need to be managed and/or what welfare issues should be considered 
  • Applying for a deputyship 
  • Objecting to somebody becoming a deputy
  • Acting as a deputy 
  • Advising on Lasting Powers of Attorney
  • Assisting with Deprivation of Liberty Safeguard issues, objecting to decisions and leading compensation claims

Whatever your situation may be, we provide expert advice tailored to your individual needs. By building an approach with your loved one’s best interests in mind, we will ensure that they are protected at all times.

Certainty when you need it most

From our years of experience of guiding clients through Court of Protection processes, whether complex, straightforward or everything in between, we can provide you with accurate cost information.

We know how distressing these situations can be so our aim is to relieve some of the pressure with certainty and transparency where we can. Advising on the Court of Protection’s tariff guidance, our own fees and methods of payment, you can enjoy peace of mind in knowing that you won’t be faced with a surprise bill at the end of your case.

Assets from the individual whose affairs are being managed can be used to pay for Court of Protection fees and in some cases, Legal Aid may be available. Our expert team will advise you on this from the outset.

Why choose Smith Partnership?

As a firm, we pride ourselves in offering a service that is practical and straightforward. Any advice you receive from us will be jargon-free and easy to understand, ensuring you are fully aware of the process and your options at every stage of your case, which we know is important when dealing with Court of Protection matters.

With offices in Leicester, Burton upon Trent, Derby, Swadlincote and Stoke-on-Trent, our clients benefit from accessible and reliable advice. Our expert team is also committed to providing a responsive service, offering remote access to specialist advice via email or telephone whenever our clients require it.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via or complete our contact form.


The Court of Protection is responsible for making property, financial and welfare decisions for individuals who lack the mental capacity to make them for themselves.

A Court of Protection Deputyship refers to the person who is appointed by the Court of Protection to handle the affairs of an individual who lacks the mental capacity to make decisions for themselves.

A Deputyship application to the Court of Protection can take between 4-6 months to be processed and approved. However in urgent cases, emergency applications can be made for new or existing applications which have not yet been approved.

An application to the Court for someone to be appointed as a Deputy to deal with the financial affairs of someone who has lost capacity to deal with their own affairs will incur the following costs:

  • Court application fee: £365 (You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000)
  • Medical Certificate fee: £150-£200

If a Solicitor is applying to be appointed as Deputy then their fee is fixed by the Court at £950 plus vat.

Whilst anyone above the age of 18 can apply for deputyship through the court of protection, it is best to consider who would be the most appropriate person to hold the responsibility.

A Court of Protection Order is the legal document issued by the court which sets out who has been appointed the deputy. This person is therefore able to make decisions on behalf of the individual who has lost mental capacity.