Nottingham Court of Protection Solicitors
Experienced Private Client & Professional Deputyship lawyers
Our Nottingham Court of Protection solicitors can help people who lack capacity due to an accident, old age, mental illness or learning difficulties. We can assist in making decisions about their property and finances, or their health and welfare. Freeths offer an experienced team of sympathetic lawyers who regularly advise and deal with applications under the Mental Capacity Act 2005.
If you’re a lay deputy seeking advice, we can give you as much or as little support as you need. We can also help if an Enduring Power or Attorney or a Lasting Power of Attorney is not in place. From gift applications and tax planning, to negotiating Statutory Wills, our Court of Protection lawyers in Nottingham can help.
What is the Court of Protection and what can it do?
The Court of Protection can:
- Decide whether or not a person has capacity to make their own decisions
- Make a decision for someone who cannot make that decision for themselves
The Court of Protection cannot:
- Make a decision on behalf of someone who has capacity to make that decision for themselves
What is a deputy?
A deputy is a person or corporate body instructed by the Court of Protection to deal with matters on behalf of an individual, who no longer has the mental capacity to do so on their own behalf.
Who can be appointed as a Deputy?
- Anybody over the age of 18 years can apply to be appointed as a deputy
- There is no requirement for the deputy to be related to the individual who lacks capacity
- Where the individual’s assets are substantial the Court of Protection sometimes prefers to appoint a professional deputy rather than a lay deputy
- More than one person can be appointed at the same time
- Trust corporations, as well as individuals, can be appointed as deputies
When is a Deputy appointed?
- A deputy is appointed for an individual when they are mentally incapable of managing their property and affairs and as a result cannot instruct another person to act on their behalf
- However, if an Enduring or Lasting Power of Attorney was entered into before the individual lost capacity, a deputyship order is not necessary
How long does it take to be appointed as a deputy?
The application process can take between 3 and 6 months but can be longer if a dispute arises over who is to be appointed as deputy.
Who supervises the Deputy?
Under the Mental Capacity Act 2005, the Office of the Public Guardian has responsibility for:
- Supervising the deputies who have been appointed by the Court of Protection
- Keeping a register of deputies
- Investigating any complaint they receive regarding the conduct of a deputy
Our Court of Protection team are renowned for their empathy towards clients. You can trust us to explain things clearly in plain English and be sensitive to your situation. We can handle applications for one-off decisions by the Court, and we’re highly experienced in the care, social services and benefits systems. This means we can provide guidance and support to ensure all available state funding is applied for.
Our team provide expert witness statements to support litigation solicitors and claims involving lack of capacity. We also offer a wealth of information guides, including how to choose a care home, community care, and end of life decisions. Or if you need help with reporting and taxation duties, give us a call.
Why Choose our Nottingham Court of Protection Solicitors
- Freeths’ Nottingham office is conveniently located in the city centre near Maid Marian Way
- We are able to visit you at home if this is appropriate and understand the struggles involved
- Our lawyers are appointed to the Office of Public Guardian’s Panel of court-approved deputies
- We have strong record-keeping structures in place, tailored for deputy financial management
- You can trust our lawyers’ credentials – Natasha is rated as a Leading Individual by Chambers
- Freeths are actively involved with The Silverlining, a national brain injury support charity
Natasha Molloy, Navada Ward & Ruth-Elizabeth McDonald– Private Client Solicitors based in Nottingham
Director Natasha Molloy heads up the Court of Protection team at Freeths’ Nottingham office. She is a highly experienced professional deputy and specialises in representing people who lack capacity due to acquired brain injury. Natasha regularly manages the property and affairs of clients who have received multi-million pound compensation settlements. She is an expert at preparing statements and applications.
Navada is an Associate who has acted for numerous clients as an Attorney – she has a keen interest in protecting vulnerable people. Ruth-Elizabeth is Solicitor within the team, regularly dealing with the preparation of Lasting Powers of Attorney, Court of Protection applications, Living Wills and care advice. She is a member of STEP (Society of Trust & Estate Practitioners) and Solicitors for the Elderly.
Examples of Court of Protection cases in Nottingham
- Managing a £4 million settlement for a young man with learning difficulties, who subsequently suffered from a brain injury from a road traffic accident as a child resulting in significant cognitive impairment. The client is extremely vulnerable and his funds are used to provide a team of support to give him the best life possible.
- Acting for a 40 year old man who was injured at birth resulting in quadriplegic cerebral palsy, resulting in a £3.5 million lump sum plus settlement plus £206,000 annual periodical payments. Natasha has arranged for the purchase and adaptation of his own home to accommodate live in carers and specialist therapies and equipment.
- Prepared urgent interim applications to the Court of Protection for the release of monies to pay care home fees.
- Making applications to the Court of Protection to discharge a Deputyship Order where the client has regained capacity.
- Assisting lay deputies in making applications for family care payments.
For further information about our Nottingham Court of Protection solicitors, contact Natasha Molloy, Director at Freeths, on 0845 077 9679 or submit a secure enquiry form.
“She’s one of the best that I deal with – technically she’s very good and she also has a very good way of dealing with clients and making the right decisions on their behalf.”
“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.”
‘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.
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