Oxford Court of Protection Solicitors
Experienced Private Client & Professional Deputyship lawyers
Our Expertise
Our Oxford Court of Protection solicitors can assist people who lack capacity because of mental illness, learning difficulties, an accident or old age. We can help with making decisions about their health and welfare, or their property and finances. Freeths offer a specialist team of lawyers who sympathetically advise and support with applications under the Mental Capacity Act 2005.
We can give as much or as little support as you need if you’re a lay deputy seeking help. We can also advise if a Lasting Power of Attorney or an Enduring Power of Attorney is not in place. From negotiating Statutory Wills, to tax planning and gift applications, you can trust our experienced Court of Protection lawyers in Oxford to help.
Our process
You can rely on our Court of Protection team to be sensitive towards clients and their families. We will be empathetic to your situation and clearly explain things in plain English. We deal with applications for one-off decisions by the Court, and we understand the social services, care, and benefits systems. This means we can offer help and advice to make sure all available state funding is applied for.
Freeths offer a wide range of information guides, including how to choose a care home, end of life decisions, and community care. We also provide expert witness statements to support litigation solicitors and claims involving lack of capacity. Or if you need help with taxation and reporting duties, give us a call.
Why choose our Oxford Court of Protection Solicitors
- Freeths’ Oxford office is located in Oxford Business Park – just a short drive from the city centre and with ample parking
- We are able to visit you at home if this is appropriate and understand the struggles involved
- We have strong record-keeping structures in place, tailored for deputy financial management
- You can trust our lawyers’ credentials – some are rated as Leading Individuals by Chambers
- Freeths are actively involved with The Silverlining, a national brain injury support charity
“Singled out for her ‘professionalism, sincerity and immense knowledge’, Jane Maitland acts as an executor and trustee and is also a Court of Protection appointed deputy for vulnerable clients.”
Client testimonial
Key contact
Melanie Williams
Director & Head of Oxford Court of Protection
Oxford Court of Protection Solicitors
Submit an enquiry below
FAQs
You need to make an application to the Court of Protection to ask for a Deputy to be appointed to make decisions in relation to Mum/Dad’s property and financial affairs that they are no longer able to make for themselves.
As part of the application, an assessment of capacity will need to be completed which the Court will consider along with the application which sets out the full financial information on bank accounts, pensions, investments, any property that Mum/Dad own, benefits that Mum/Dad are entitled to and other information.
You can apply for a family member or a professional Deputy to be appointed to act on behalf of Mum/Dad. Having a professional Deputy can take away the stress of having to deal with financial matters leaving family members to care for Mum/Dad.
The Court of Protection charge a fee of £385.00 for an application. The medical practitioner who provides a certificate about capacity may also charge a fee. If you would like a lawyer to draft the application form then the charge will be in the region of £1,500 – £3,000 plus VAT. The usual process is that the lawyer’s fees may be assessed by the Court unless the appointed deputy wishes to agree a fee with the lawyer.
If you wish to change Deputies then an application can be made to the Court of Protection. Please contact our Court of Protection Team who will be able to provide you with further information.
The Court of Protection sets guideline rates that all lawyers must charge for the work they undertake. We will charge fees on the basis of the level of lawyer carrying out the work. The work will be delegated to the lowest appropriate level of lawyer wherever possible. At present the guideline rates for our area are as follows;
| Lawyer Grade | Hourly Rate |
| A: Solicitors with over eight years post qualification experience | £217 + VAT |
| B: Solicitors and legal executives with over four years post qualification experience | £192 + VAT |
| C: Other solicitors, legal executives and fee earners of equivalent experience | £161 + VAT |
| D: Trainee solicitors, para legals and other fee earners | £118 + VAT |
At the end of each year our files are sent to the Senior Court Costs Office for assessment. The Court will look at the work undertaken on behalf of the client and the Court determines what can be billed on the file.
A panel Deputy is a Deputy who has been approved by the Court of Protection for their knowledge and expertise in dealing with various matters in this area of law. Freeths LLP has two Panel Deputies in the Oxford office. Please contact our Court of Protection Team on (01865) 781000 for further information.
Melanie Williams, Jane Maitland & Nigel Roots – Private Client Solicitors based in Oxford
Director Melanie Williams leads the Court of Protection team at Freeths’ Oxford office. She is appointed to the Office of the Public Guardian’s Panel of court-approved deputies – one of only 68 panel deputies appointed throughout England and Wales. Also within the team are renowned Private Client Partners Jane Maitland and Nigel Roots, both ranked as Leading Individuals by Chambers.
If you need assistance with a contentious matter, such as a dispute between family members, Managing Partner Sarah Foster and Managing Associate Rosalyn Shephard can help.
Examples of Court of Protection cases in Oxford
- Pursued social care funding which resulted in a local authority agreeing to fund a package of care worth £6,000 per month & reimbursing £120,000 in fees already paid.
- 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.
- Acted for clients whose mother had lost capacity and their father had passed away unexpectedly. Applied to the Court of Protection for an Order appointing the clients as their mother’s Deputies enabling them to manage her finances and to administer their late father’s estate.
- Acting as Deputy for an incapacitated farmer who inherited his deceased wife’s share of the farm, but was unable to administer his inheritance. Following the death of the incapacitated party, Jane acted as personal representative of his estate, taking possession proceedings to obtain vacant possession of the farm.
- Acting for P’s son in an application to appoint a court deputy to manage P’s financial and property affairs, in the place of his step mother and accountant. A complex dispute, not helped by the perceived failure of other family members to conduct business affairs in an open and transparent way.
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
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