Court of Protection & Deputyships
Our sympathetic lawyers help people who lack capacity as the result of a catastrophic accident, old age, and mental illness or learning difficulties.
About our expertise
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.
Our specialisms include:
Why choose our court of protection experts?
- 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
Key contacts
Natasha Molloy
Partner & Head of Nottingham Court of Protection
Melanie Williams
Director & Head of Oxford Court of Protection
Get in touch
Our accreditations
We are celebrating another year of accreditations and rankings.
Our specialist court of protection team
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.
- 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.
Testimonials
"Freeths CoP team works in a collaborative way with the client, their family members and also the wider professional network. They are approachable...
The Legal 500, 2024
"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
C
"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 w...
Client
"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...
Client testimonial
Meet the team
Sarah Foster
Oxford Office Managing Partner & Joint Head of Private Client Services
Louise Lewis
Partner & Joint Head of Oxford Trusts, Estates and Tax Team
Natasha Molloy
Partner & Head of Nottingham Court of Protection
Melanie Williams
Director & Head of Oxford Court of Protection
Rosalyn Shephard
Managing Associate
Thanuja Oppilamany
Senior Associate
Laura Christodoulou
Associate
