Court of Protection.

Court of Protection Lawyers.

Our specialist Court of Protection Solicitors are able to advise and represent our clients through every stage of the Court of Protection process, ensuring the best care, provisions and plans are made for the individual in need of this level of protection.

We pride ourselves on being one of the very few firms in the area able to work on Court of Protection cases for people with a degenerative condition, such as Alzheimer’s Disease or Dementia, and those with acquired brain injury or traumatic brain injuries.

Key Contact

Neil Davies is a partner and Head of Court of Protection Department. He acts as professional deputy for clients with acquired brain injuries. He specialises in contentious financial and welfare applications to the court.

Neil Davies
Neil Davies
Partner
Court of Protection

What is the Court of Protection?

The Court of Protection is a court which can make decisions and appoint other people to make decisions for those who lack the mental capacity to do it themselves.

Principally these decisions involve health, financial affairs, property and personal welfare, and deputies will often be family members. The Court of Protection can decide whether a person lacks capacity to make a decision on important topics, or make what is known as a “best interest decision” for them. If someone wants to be appointed by the Court of Protection as a decision maker for someone else, known as a deputy, they must make a deputy application to the court.

Our Court of Protection Expertise

If you are worried that the legal process for appointing legal authority is not working properly, or if there is a disagreement about who should have legal authority over an individual, our experienced Court of Protection Solicitors can help.

Podcasts

Mental Capacity: A Person‘s Ability to Make Their Own Decisions 

Listen here to Neil Davies and Lucy Speed give an insight into the Court of Protection. You’ll hear a segment about the history of the court, and the use of archaic terms that lasted centuries. They also talk about the Britney Spears case and how this would have been dealt with differently in the UK.

Why it Pays to take Proper Legal Advice

In this episode, you’ll hear solicitors Edward Rees and Neil Davies discuss the importance of good legal advice in relation to The Court of Protection, lasting powers of attorney, wills, and estate administration.

Legal 500 & Chambers UK Recommendations

The Court of Protection Team is recognised in Tier Four of the 2024 edition of The Legal 500, the edition states: ‘Led by Neil Davies, the deputyship team at Lanyon Bowdler is praised for its ‘strength in depth’ and being ‘a safe pair of hands’. The practice deals with a range of complex property and affairs matters, as well as receiving instructions on welfare cases. The department manages approximately 60 deputyships and trusts with assets in excess of £120m.’

A past edition of Chambers UK High Net Worth Directory describes Lanyon Bowdler as a “very well-established, well-known Shropshire firm,” says a market insider, adding that this “full-service firm is recognised in Shrewsbury in many practice areas. “The private client team advises clients on wills, trusts and the administration of estates, and is considered to be “very strong on Court of Protection work.”

How can Lanyon Bowdler help?

Our Court of Protection department at Lanyon Bowdler is renowned for its expertise and knowledge of the law surrounding these cases. We have helped many clients in both the application and management of deputyships, including cases such as:

However complex your case is, and whatever role you have, our expert team of Court of Protection Solicitors can help you reach the best possible outcome.

Your Court of Protection questions answered

What decisions can the Court of Protection make?

The first thing the Court of Protection does is decide whether a person is mentally capable or not of making a certain decision. If the person does not have the capacity, the court will either make a one-off order or, if there are likely to be continuing decisions that need to be made not, it will appoint deputies to make decisions for the person in question.

Other decisions that the court makes include:

  • The execution of a will on behalf of someone without the mental capacity to make one themselves
  • The validity of a lasting power of attorney (LPA) or enduring power of attorney (EPA), and objections to proposed EPAs or LPAs.
  • Whether attorneys or deputies should be able to make financial gifts on behalf of the person lacking capacity
  • Removal of the legal rights for deputies or attorneys to make decisions entirely if it believes they have failed to carry out their duties properly.

The team of specialist Court of Protection Solicitors, here at Lanyon Bowdler have a great deal of experience in the process, and understand that the issues can be highly sensitive. Our team is qualified to undertake professional deputyship in respect of Court of Protection representation and administration.

Our supportive and personal approach has been highlighted by clients as a valuable part of our work, helping you to make the important decisions and getting the case to a satisfactory conclusion as quickly as possible.

What is legal authority?

Having legal authority means that you are allowed to make either welfare decisions or financial decisions on another person’s behalf. If legal authority is given to you by the court of protection, your legal responsibility will continue after the person who has been made a deputy dies.

A local council or NHS trust may be able to apply for legal authority over an individual if there is evidence that this would help them protect their interests or meet their needs better than anybody else could do so.

What does lacking mental capacity mean?

Lacking mental capacity means that a person doesn’t have the legal capacity to make decisions for themselves. This could be because they are unwell, or it may mean that their condition is permanent and long-term, such as people with severe learning disabilities or mental health conditions.

How can people lose their mental capacity?

There are a number of ways in which people can lose their mental capacity. These include mental illness, if they have suffered brain damage due to personal injury or through medical negligence for example. Sometimes, people are able to make decisions for themselves about certain things, but not others. This is called ‘partial capacity’.

Testimonials

What our clients say.

Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.

Michael
via ReviewSolicitors

I was clearly informed of progress step by step. The service you provided was very good.

Peter Weston
Shrewsbury

All work carried out effectively and efficiently.

Hubert Jones
via ReviewSolicitors

An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.

Eric
via ReviewSolicitors

From start to finish we had excellent service. Friendly, approachable and professional.

Carl Gittins
via ReviewSolicitors

Very clear, concise advice and guidance, easy to understand.

Ian Jamieson
Telford

Good service provided throughout with clear communication throughout with all options explored.

Lee

I can thoroughly recommend the highly professional and supportive service received over the last few months.

Heather
via ReviewSolicitors

Responsive, supportive, approachable, clear and empathetic.

Lisa Thacker

Professional and prompt communication. Supportive and client focused.

Lisa Thacker
Jennifer M Whittall Ltd

Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.

Lee Mortimer
UK Case Management

Definitely would use Lanyon Bowdler again if I need the use of a solicitor.

Mark Bowkett
via ReviewSolicitors

Smooth and efficient service from very professional firm.

Tim
via ReviewSolicitors

We were particularly impressed with the quality of work, the speed and excellent communication.

Allenby Douglas Ltd
Oswestry

Very friendly and approachable. Very good advice

Ivor Brown
via ReviewSolicitors

Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.

Paul Rowe
via ReviewSolicitors

Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.

Mr N J & Dr S J Browne
Llanfyllin

Talk to the Court of Protection team at Lanyon Bowdler

Our Court of Protection Lawyers manage approximately 60 deputyships and trusts with assets of approximately £100 million, putting it on a par with other nationally recognised Court of Protection practices.

We would be happy to advise you on every aspect of the Court of Protection process and the Mental Capacity Act 2005.

Please give our Court of Protection team a call for a friendly, confidential, conversation about how we can help support you through the entire. Our conversations to initially advise you are of course completely free of charge and there is no obligation attached. Contact a member of the team or complete our online enquiry form toward the top of this page on the right-hand side. We can also arrange a home visit if more convenient.

Lanyon Bowdler has offices in Shrewsbury, Bromyard, Hereford, Ludlow, Oswestry, Telford, and Conwy in North Wales.

We regularly act over Court of Protection matters for clients following Serious Brain Injury Claims across Shropshire, Herefordshire, Mid and North Wales, Birmingham and the Midlands. As a leading law firm, we can represent you wherever you live in England or Wales.

Our people

Meet the team.

Neil Davies
Neil Davies
Partner
Court of Protection
Lucy Speed
Lucy Speed
Partner
Court of Protection
Tom James
Tom James
Legal Support Assistant
Court of Protection
Morgan Hanley
Morgan Hanley
Legal Support Assistant
Court of Protection
Matte Brasenell
Matte Brasenell
Legal Support Assistant
Court of Protection
Carole Walker
Carole Walker
Legal Support Assistant
Court of Protection
Toni Reeves
Toni Reeves
Solicitor
Court of Protection
Danielle Lloyd
Danielle Lloyd
Legal Support Assistant
Court of Protection
Knowledge

Case studies.

Case Study
Lanyon Bowdler case study icon

Lady Lacking Capacity has Cash Withdrawn by Family Member

It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

Lady Financially Abused by Son

J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

Successful Application for Contract to be Terminated

The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Neil Davies • 26 Feb 2024
Knowledge

Latest knowledge.

Blog

Court of Protection Enquiries

Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Tom James • 29 Apr 2024
Lanyon Bowdler in the Media
Thriving After Brain Injury Group Photo

Inspirational Brain Injury Conference a Major Success

An event in Shrewsbury to celebrate inspirational people who battled back from life-changing brain injuries has been dec...
Lanyon Bowdler Featured on the Shropshire Live Website • 21 Mar 2024
Case Study
Lanyon Bowdler case study icon

Lady Lacking Capacity has Cash Withdrawn by Family Member

It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

Lady Financially Abused by Son

J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

Successful Application for Contract to be Terminated

The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Neil Davies • 26 Feb 2024
Podcast icon Podcast

Neil and Edward Rip Into & Expose the New Powers of Attorney Act

Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
Published • 05 Feb 2024
Blog

Review of World Alzheimer’s Month 2023

IEach September, people unite from all corners of the world to raise awareness and to challenge the stigma that per...
Carole Walker • 02 Feb 2024
Blog

What If Father Christmas Lost Capacity To Manage His Property and Affairs?

It’s that time of year where festivities are in full flow both at home and work. People are busy preparing for gath...
Toni Reeves • 21 Dec 2023
Blog

Navigating the Court of Protection: Selling Property to Cover Care Fees

As the population continues to age, the issue of financing long-term care for seniors has become an increasingly pr...
Toni Reeves • 03 Nov 2023
Blog

Explaining Legal Jargon in Court of Protection

We understand that legal jargon can be a bit confusing and overwhelming and sometimes you need someone to explain w...
Danielle Lloyd • 06 Oct 2023
Blog

Care Home Fees and Capacity

When do you need to pay for residential care? There are many reasons why yourself or a loved one may have to move i...
Morgan Hanley • 04 Aug 2023
Blog

Aiding The Brain Following Traumatic Injury

One major impact of a TBI is that someone’s thinking process and thinking ability may dramatically alter post injur...
Matte Brasenell • 05 Jul 2023
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