Court of Protection Solicitor in London
When a loved one can no longer make decisions (for example due to dementia, a brain injury, or serious illness), families often feel stuck — banks won’t speak to you, care decisions feel urgent, and you’re trying to do the right thing without “getting it wrong”.
At Kearney Legal, we provide clear, steady guidance on Court of Protection applications and deputyship, so you can get the legal authority you need and protect your loved one’s best interests.
How we can help
We support clients in Stratford, London with,
- Deputyship applications (property & financial affairs and, where appropriate, health & welfare)
- Advice on whether you need deputyship at all (for example, if there is already an LPA/EPA, or if a benefits appointee route is more suitable)
- Preparing and managing the required Court of Protection paperwork (including capacity evidence and notifications)
- Urgent / emergency applications where a decision is needed without delay
- Guidance for existing deputies (powers, reporting, and when further court authority is needed)
Appointments are available by phone or Zoom, with face-to-face meetings available if you prefer.
When is the Court of Protection needed?
You can apply to become a deputy if someone lacks mental capacity — meaning they cannot make a particular decision which needs to be made (capacity can also fluctuate).
You usually do not need deputyship if:
the person already has a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) in place
you only need authority to manage benefits, in which case the appointee route may be more appropriate
If you’re unsure, we can help you identify the right route quickly and calmly.
What the deputyship process involves
The Court of Protection process is detailed, and it’s common to feel overwhelmed. For a property and financial affairs deputyship, GOV.UK sets out steps that include: notifying the person, notifying at least three people connected to the application, completing the forms, and submitting the application.
Key parts often include,
- Capacity evidence: the court generally expects a capacity assessment (commonly using COP3).
- Notifications: you must notify the person you’re applying to act for, and (in many cases) at least three other relevant people (e.g., close relatives, social worker, doctor).
- Declarations and supporting information: the application typically includes supporting information and a deputy’s declaration.
- Possible bond: property and affairs deputies may have to set up a security bond before the deputy order is issued (the court will tell you if it’s required).
- Ongoing responsibilities: deputies must submit an annual report to the Office of the Public Guardian (OPG).
We help you put the application together carefully, anticipate common snags, and keep the process moving.
Types of deputyship
Property and financial affairs deputy
This covers decisions like paying bills, managing accounts, dealing with pensions, and handling property or investments.
Personal welfare deputy
This covers decisions about medical treatment and care arrangements. The court usually only appoints a personal welfare deputy in more specific circumstances (for example, ongoing disputes about best interests or where someone needs to make decisions about a particular issue over time, such as where the person will live).
We’ll explain what’s realistic and proportionate for your situation, and what the court is likely to expect.
If a decision is urgent
If someone’s life or welfare is at risk, or a decision must be made without delay, it may be possible to make an urgent or emergency application to the Court of Protection.
We can advise on the appropriate route and what evidence is needed.
Why choose Kearney Legal?
Our clients value our,
Clear, plain-English guidance when things feel stressful and uncertain
A careful, solicitor-led approach to reduce delay and avoid errors
Practical support with evidence, forms, and next steps
Phone/Zoom appointments available
Court of Protection FAQs
What’s the difference between an LPA and deputyship?
An LPA is made while someone has capacity. Deputyship is usually needed if capacity has already been lost and there’s no valid LPA/EPA in place.
Will my loved one be told about the application?
In many cases, yes — for property and financial affairs deputyship, guidance includes notifying the person and explaining what the application means.
COP3 is the usual form used to provide the court with an assessment of capacity as part of a deputyship application.
Will there be a court hearing?
For property and financial affairs deputyship, there’s usually no hearing. If the court decides a hearing is needed, you’ll have to pay a hearing fee.
What happens after I’m appointed as deputy?
Deputies must follow the limits of the court order and submit an annual deputy report to the OPG.