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Applications to the Court of Protection

If an application needs to be made to the Court or you are involved in an application, the dispute or issue will be resolved by the Court and you are likely to need expert legal help or representation, which we can provide.

The applications may include:

Making a Gift – you need to make an application to Court to approve making a gift. This includes payments to family members for providing care or other financial support. To find out more about making a Gift, please click here.

Making a Will (Statutory Will) – if the person you know does not have capacity to make or change their Will and it would not be right to leave things as they stand, you need to make an application to Court to approve a Statutory Will for them. To find out more about making a Will, please click here.

Health and Welfare Application – if you need to make a decision about someone’s health or welfare (such as medical treatment or where they should live) who lacks capacity, then you need to make an application to Court. To find out more about making an application to Court for health and welfare, please click here.

Contested Applications/Hearings – there may be times when you disagree with the appointment or suitability of a Deputy for someone you know or you may be applying or acting as Deputy and somebody challenges this. To find out more about contested applications, please click here.

Bringing or Defending a Legal Claim as Deputy – if you are acting as Deputy and you believe that the person you are responsible for may have a legal claim, which they cannot bring themselves, an application will need to be made to the Court of Protection before legal proceedings can be brought on their behalf. To find out more about bringing or defending a legal claim, please click here.

Deputyship Replacement – you or your joint Deputy may wish to step down or be replaced or you may want to replace an existing Deputy. The application is very similar to the application to have a Deputy appointed in the first place. To find out more about deputyship applications, please click here.

Trustee Applications – if a person lacks capacity and needs to sell their property which they own with someone else, such as husband or wife, an application is needed before property can be sold.

For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email

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