Court of Protection

The Court of Protection is a governing body that works to designate decision making responsibility regarding vulnerable individual to a third party. This could be for example a minor with no immediate appropriate guardian in place, an individual who through decreased mental capacity is making unfit or inappropriate decisions regarding their welfare, or if someone with power of attorney over another is abusing their position and you wish to attempt to reduce their decision making authority.

To apply to the Court of Protection for a protection order an application process will have to be completed. If you cannot provide sufficient evidence or there is doubt over your case, the court of protection are within their rights to obtain a second opinion from a relevant third party, for example medical professionals involved in the care of the individual in question, police or social services.

Within our Private Client team at Bailey & Cogger, our solicitors are trained to be able to advise you whether pursuing the Court of Protection is the correct way forward, and if so they will support you through the process. If not, they will furnish you with alternative options and decide with you the next steps.

Our solicitors can help:

  • determine whether an application to the Court of Protection is necessary;
  • determine whether you have a close enough connection with your loved one to be able to make an application;
  • complete the application form on your behalf;
  • help gather any evidence needed to support your case;
  • represent you at any court hearings; and
  • ensure that the terms of any orders made are respected.

They can help you to apply:

  • to be appointed as a deputy to manage your loved one’s affairs;
  • to make decisions on your loved one’s behalf where there is disagreement about the best course of action, even where a lasting power of attorney exists;
  • for permission to withhold or administer life sustaining treatment where no advanced decision has been made;
  • for an order directing your loved one to be released from hospital or a care home where they are being held against their will;
  • for permission to make decisions not covered by a lasting power of attorney or deputyship order;
  • to make a statutory will on your loved one’s behalf where they are not in a position to make a will in the normal way; and
  • to remove or replace an attorney or deputy who is not carrying out their duties properly or who is guilty of abusing their position of trust.  

In appropriate cases, senior partners within our firm can also act as attorneys and deputies on your behalf if you would like them to.

Advising families throughout Kent and beyond

We have offices in TonbridgeMaidstoneGravesendChatham and Tenterden where we can meet you to discuss your requirements.

We can also offer meetings at your home, in hospital or in a care facility, and in exceptional circumstances a telephone appointment can be arranged via skype. 

How much does it cost?

We offer a free initial 30-minute appointment to discuss your requirements.  After that we can agree funding arrangements to suit your budget.  For some cases involving the Court of Protection legal aid may be available. 

Get in touch

Call us on 01732 353305 if you need our help. Alternatively, please complete our Contact Us form and we will be in touch as soon as possible.

Key contacts

Domonique Malyon Silviya MacLean

For further information please call to speak to one of our experts on 01732 353305