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Court of Protection

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    Fast, friendly and efficient service!

    We have nothing but praise for Charlotte Bandawe who helped us with every detail (and a smile in her voice) along the way. A pleasure to deal with them!

    - Wayne Beasley

    Very helpful and efficient

    Katherine was very helpful and efficient from start to finish and all the documentation she sent through had clear instructions so that we could complete it easily.

    - Nicola

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    The experts in Court of Protection

    We specialise in most areas related to Wills and Probate including will writing, trusts, inheritance tax planning, intestacy, power of attorney, and estate administration.

    As members of Solicitors for the Elderly, our solicitors are specialists in dealing with elderly client matters such as court of protection and cost of care advice. Whatever your need, we can assist. We operate from offices in Leeds but, help clients in all of England and Wales.

    What is the Court of Protection?

    The Court of Protection was established under the terms of the Mental Capacity Act 2005, which came into force on 1 October 2007.

    It is a specialist court which makes specific decisions or appoints other people known as deputies to make decisions on behalf of people who lack the capacity to do so for themselves.

    What powers does the Court of Protection have?

    The Court of Protection can:

    • Decide whether a person ‘has capacity’ to make a particular decision for themselves
    • Make declarations, decisions or orders on financial and/or welfare matters affecting people who lack capacity to make these decisions for themselves
    • Appoint a deputy to make ongoing decisions for people lacking capacity to make those decisions
    • Decide whether a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) is valid
    • Remove deputies or attorneys who fail to carry out their duties
    • Hear cases concerning objections to register LPAs or EPAs.

    How long does the Court take to appoint a deputy?


    The application process can take between 8-12 months from the date the application is submitted before the final order is made. However, this timescale is an estimate and can often be longer.

    Do I need a Solicitor to submit a Court of Protection application?

    You are not required to instruct a solicitor should you need to make an application to the Court of Protection, but the process can be complicated and stressful.

    Our team of specialists can help to alleviate that stress by:

    • Providing in-depth advice concerning the application process
    • Preparing all forms on behalf of the applicant
    • Requesting the mental capacity assessment
    • Assessing any eligibility to apply for an exemption or reduction of the Court of Protection application fee
    • Dealing with all the formalities during the application process
    • Providing guidance to the Deputy appointed once the order has been received
    • Offering you a fixed fee for all on-complex Court of Protection applications
    • Offering additional services for new and existing deputies.

    Who pays for the Court of Protection application?

    The person applying to become a deputy will be responsible for the costs of the application, including, but not limited to solicitors fees, medical report fees, court fees. These fees are payable from the finances of the person to whom the application relates.

    Solicitors fees are either assessed by the Senior Courts Cost Office, or are fixed in accordance with the guidelines set by Practice Direction 19(b) of The Court of Protection Rules 2017.

    Frequently Asked Questions

    Why should I choose Oakwood Solicitors Ltd?

    Oakwood Solicitors Ltd can assist you through this process and provide you with the necessary advice. Our team has gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service.

    As an SRA regulated firm, we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

    The SRA gives you peace of mind that the service you receive will be of the highest possible standard. Read more about the benefits of SRA regulation in our article, here.

    What do I do now?

    Contact our team for a free initial consultation regarding your options:

    Charlotte Bandawe
    Charlotte Bandawe - Solicitor and Head of Department

    Charlotte Bandawe is our Head of Wills and Probate department, leading a team of two other colleagues. She is also our firm’s Dementia Champion, enabling her to train other staff in how best to understand and aid clients and carers living with dementia.

    Charlotte is also a member of Solicitors For the Elderly (SFE).

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