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Freeths - Law firm

Court of Protection & Deputyships

Help is at hand

What is involved?

Unfortunately, there can come a time in a person’s life when they are unable to make decisions about their property and finances, or their health and welfare. If an Enduring Power of Attorney or a Lasting Power of Attorney is not in place, our expert team of Court of Protection lawyers can help you.

Our sympathetic lawyers help people who lack capacity as the result of a catastrophic accident, old age, and mental illness or learning difficulties. We accept referrals from families, solicitors, case managers, local authorities, charities and investment managers. Freeths can advise and deal with applications under the Mental Capacity Act 2005.

These include applications for one-off decisions by the Court concerning a client’s financial affairs or welfare issues, applications for the appointment of a Deputy, or applications for the approval of tax planning, gifts, trusts and Statutory Wills. Our extensive experience in the care, social services and benefits systems means that we can provide guidance and support to ensure that all available state funding is applied for.

Call our Court of Protection team now to see how we can help you.

Why choose Freeths?

  • We have many years’ of experience acting as professional deputies
  • Lay deputies can ask for as much or as little support from us to meet their responsibilities
  • Our professional, empathetic lawyers are able to visit you at home if this is appropriate for you
  • We are appointed to the Office of the Public Guardian’s Panel of court-approved deputies
  • Strong financial and record keeping structures in place tailored for deputy financial management

We support litigation solicitors by providing expert witness statements, which will identify the full range of responsibilities of a professional Deputy and which put monetary value on tasks, for the purposes of a claim involving lack of capacity.

Our team are also experts in the reporting and taxation duties of deputies.

The Court of Protection team at Freeths is actively involved with The Silverlining; a national charity which provides support for those affected by brain injury, including friends and family.

We have a wealth of Court of Protection information available, including guides to choosing a care home, community care and end of life decisions. Please get in touch using our form if you would like a copy.

If you are looking for help challenging a deputy or attorney’s decision, or disagree with an application made in the Court of Protection, please click here.

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STEP Awards, Court of Protection

 

 

 

Key contacts

Natasha Molloy

Natasha Molloy
Partner & Head of Nottingham Court of Protection

0345 077 9679

Melanie Williams

Melanie Williams
Director & Head of Oxford Court of Protection

0345 128 6965

Alternatively complete the form below:

Contact Us

Testimonial

"Over the 9 years the Freeths’ Court of Protection professional deputy’s team has acted for my son, I have found them not only highly efficient in the management of his financial affairs, but also sympathetic to the effect brain injury has on his life. They are always available to discuss the problems and challenges he faces, and to help with practical solutions where they can."

Testimonial

"This is just to thank you for all the help you have given to [client] over the past years. I know how fond of you she was and how marvellous you were with her. I do not think I would have been able to manage the anxiety of the last years without your understanding and updates. With every good wish for the future and many many thanks for your kindness at all times."

Testimonial

"The clear and concise information provided allowed me to fully understand what I would be undertaking if I was to put myself up for Deputyship."

Testimonial

‘I have worked with the CoP team for many years and am always impressed with their dedication and particular attention to detail.'

(The Legal 500, 2024)

Testimonial

‘Focused, engaged, personal, and real knowledge of the clients as people’.

(The Legal 500, 2024)

Testimonial

‘Freeths CoP team works in a collaborative way with the client, their family members and also the wider professional network. They are approachable and flexible in their approach’.

(The Legal 500, 2024)

Testimonial

“The team are always available and are very responsive.”

(Chambers & Partners, 2024)

Testimonial

Frequently undertakes professional deputyship roles for individuals with neurodegenerative disease and acquired brain injury. “The firm is dedicated to ensuring the best for the client and provides a personalised service," according to one source.

(Chambers & Partners, 2021)

Testimonial

"The team works well and functions with efficiency. Communication is good and the large size of the firm allows for a pooling of talent and access to other specialities that you may not be able to utilise in a smaller firm."

(The Legal 500, 2020)

Testimonial

"The Freeths LLP team has a consistently high level of excellence amongst all staff and in all dealings. As a client, I feel supported and have every confidence in Freeths."

(The Legal 500, 2020)

Notable Work

  • Recovering money from attorneys who have acted in breach of trust, removing attorneys/deputies who have abused their position, or challenging lifetime gifts that have been procured by undue influence.
  • Property and Affairs Deputy appointed by the Court of Protection managing funds arising from catastrophic clinical negligence and personal injury claims.
  • Acting for deputies and attorneys in regaining possession of property, and assisting in proceedings brought in the Court of Protection in relation to the removal of financial and property affairs attorneys.
  • Recently making an application to the Court of Protection for authority for attorneys appointed under an Enduring Power of Attorney to manage their relative’s portfolio. The Enduring Power of Attorney did not have a discretionary investment clause included at the time of registration.
  • Acting for numerous clients who lack mental capacity, and who have received a significant award of damages, in the ongoing management of their financial affairs.
  • Acting in an application to the Court of Protection to remove a Litigation Friend and appoint a Deputy as the Litigation Friend.

Client service

‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.

Our values

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Talk to us

Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?

Contact: 03301 001 014

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