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Court of Protection

The Court of Protection is responsible for making decisions relating to the management of finances and affairs of individuals who lack capacity to make those decisions for themselves.

Our experienced team can help you with both non-contentious and contentious matters.  Sometimes disputes about finances for people lacking capacity come before the Court of Protection and we can assist with those proceedings, whether this involves making an application or opposing an application which may not be in the best interests of the person it concerns.

Our services include:

  • making applications to be appointed as a deputy and giving guidance about your role as deputy
  • making applications to the Court of Protection for permission to make gifts, trusts or statutory Wills for the individual who lacks capacity
  • dealing with disputes arising out of the appointment or operation of Enduring, Lasting Powers of Attorney or Deputyships.

Our experience includes:

  • objecting to the registration of a Lasting Power of Attorney
  • acting in a disputed Deputyship application;
  • making an application for a Statutory Will which was opposed by family members and primarily concerned succession to the family home, worth several million pounds;
  • making an application for permission to make substantial lifetime gifts on behalf of the person lacking capacity with the overall aim of mitigating the family’s inheritance tax exposure.

Get in touch

Naomi O'Higgins

Naomi O'Higgins : Partner