Court of protection solicitors, Guildford
Explore how we can help you and your family with any court of protection legal requirements.
Contact our teamAt Moore Barlow our team of expert court of protection solicitors in Guildford are dedicated to assisting individuals and families in matters relating to the court of protection.
We understand that navigating the complexities of the legal system can be overwhelming, and that is why we are here to guide you every step of the way.
Whether you require assistance with managing an individual’s finances, making decisions regarding healthcare or welfare, or need help obtaining a deputyship order, our experienced solicitors have the knowledge and expertise to provide you with the highest level of representation and support. We recognise the importance of protecting the rights and autonomy of vulnerable individuals and strive to ensure that their best interests are always at the forefront of our legal strategies.
Contact our court of protection solicitors in Guildford today to discuss your specific needs and find out how we can assist you.
What is court of protection?
The court of protection is a specialised court in the UK that makes decisions on behalf of individuals who lack the mental capacity to make their own decisions regarding financial, health, or welfare matters.
Why choose us?
At Moore Barlow our team of court of protection solicitors in Guildford is dedicated to providing expert legal advice and support to clients in matters related to mental capacity and decision-making. With extensive knowledge of the Mental Capacity Act 2005 and a track record of successful outcomes, we can guide you through the complex process of managing financial affairs, health, and welfare matters for vulnerable individuals. Trust in our experience and commitment to protecting the best interests of our clients. Contact us today for reliable and compassionate representation.
Moore Barlow is accredited by the Law Society with the Legal Practice Quality Mark (Lexcel), which demonstrates our commitment to excellence in client care and legal practice management. Several of our specialists are also members of the Court of Protection Practitioners Association (CoPPA), showcasing our expertise in handling complex mental capacity matters. We are recognised in leading legal directories such as Chambers and The Legal 500 for our outstanding work in Private Client services, which includes representation in Court of Protection matters. Our local roots in Guildford and deep connections with healthcare providers, care homes, and financial advisers ensure that our advice is not only legally robust but also practically aligned with the needs of vulnerable clients and their families.
How we can help
Our highly skilled team of court of protection solicitors in Guildford are dedicated to providing expert legal advice and assistance in a range of complex issues. We understand the sensitive nature of court of protection matters and are committed to protecting the rights and interests of vulnerable individuals. Our experienced solicitors have a deep understanding of the Mental Capacity Act and can assist with applications for deputyship, managing financial affairs, welfare decisions, and challenging decisions made by the Court of Protection. With our compassionate approach and extensive knowledge, we strive to achieve the best possible outcome for our clients and their families.
Our Court of Protection services extend beyond Deputyship applications and include the preparation and registration of Statutory Wills, handling complex gifting applications, managing disputes relating to financial abuse or contested deputyships, and overseeing the day-to-day management of property and affairs. We support clients through the appointment of professional deputies, advise on discretionary trust structures to protect means-tested benefits, and liaise with care providers and social services to ensure that clients receive appropriate support. We are also experienced in cross-jurisdictional issues involving overseas assets or dual residencies, offering a holistic service to those with complex legal and financial needs.
Our team of mental incapacity solicitors
Helen Goatley
Partner & Immediate Past Chair | Personal Injury, Court of Protection
Understanding mental capacity and the legal framework
Mental capacity refers to a person’s ability to make decisions for themselves. Under the Mental Capacity Act 2005, a person is presumed to have capacity unless it is proven otherwise. Our team provides guidance in assessing capacity, ensuring that any intervention aligns with the individual’s rights under the Act. We work closely with medical professionals and independent assessors to establish evidence where needed for court proceedings, helping families navigate both the emotional and legal aspects of reduced capacity.
Support for professional deputies and fiduciaries
In addition to advising family members, we provide specialist legal support to professional Deputies, accountants, and financial advisers who are appointed to manage the affairs of incapacitated individuals. We assist with regulatory compliance, asset management, and reporting obligations, ensuring that fiduciaries fulfil their legal duties effectively. Our expertise also includes reviewing investments, liaising with care providers, and resolving disputes among interested parties, providing a full-service solution for professional representatives.
Who we help
Our experienced court of protection solicitors in Guildford provide legal guidance and support to individuals, families, and professionals involved in matters concerning mental capacity, deprivation of liberty, and financial affairs. Trust us to navigate complex legal issues and protect your best interests.
We work with a broad range of clients including elderly individuals, adults with acquired brain injuries, and children with learning disabilities. We also support family members acting as lay deputies or attorneys who require ongoing legal guidance. Our clients span across sectors such as healthcare, where we assist professionals managing the financial affairs of patients, and education, where institutions seek advice relating to students lacking capacity. In addition, we advise charities and financial institutions who are acting as trustees or administrators in cases involving incapacity, ensuring compliance with fiduciary duties and safeguarding vulnerable people’s interests.
Contact us
Contact our experienced court of protection solicitors in Guildford today for expert legal advice and representation. We are committed to protecting the rights and best interests of vulnerable individuals. Call us on 023 8071 8000 or email us to schedule a consultation. Let us guide you through the complexities of the court of protection process.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist court of protection legal services to clients nationwide. Contact Moore Barlow to find out how we can help you and your family.
Contact our mental incapacity team
Frequently asked questions
What is the Court of Protection and when is it needed?
The Court of Protection is a specialist UK court that makes decisions on financial or welfare matters for people who lack the mental capacity to make decisions themselves. It is needed when a person has not made a lasting power of attorney and is no longer able to manage their own affairs due to illness, injury or disability.
What does a Deputy do?
A Deputy is appointed by the Court of Protection to make decisions on behalf of someone who lacks mental capacity. There are two types of Deputies – for property and financial affairs, and for personal welfare. Deputies are responsible for managing day-to-day affairs, ensuring bills are paid, and making decisions in the best interests of the person they represent.
Can a family member apply to be a Deputy?
Yes, family members can apply to the Court of Protection to become a Deputy. However, they must demonstrate that they are suitable and capable of managing the individual’s affairs. The Court may request a supervision regime or ask that a professional Deputy be appointed in more complex cases.
What is the difference between a Deputyship and Power of Attorney?
A Power of Attorney is granted by someone while they still have mental capacity, allowing another person to act on their behalf. Deputyship, on the other hand, is court-appointed after someone loses capacity and didn’t appoint an attorney in advance. Deputyship generally involves more oversight and court involvement.
How long does it take to be appointed as a Deputy?
The Deputyship application process can take between 3 to 6 months, depending on the complexity of the case and how quickly necessary documents are submitted. Emergency applications may be expedited in urgent situations involving health or financial risks.
Are there ongoing responsibilities and costs involved as a Deputy?
Yes, Deputies are required to file annual reports with the Office of the Public Guardian detailing all financial and welfare decisions made. They must keep accurate records and may also be subject to supervision fees, insurance, and professional oversight depending on the case’s complexity.
