Expert Capacity and Court of Protection Solicitors

It is not uncommon for individuals to lose the ability to make decisions for themselves; this could be due to a mental health condition or a severe learning difficulty, a sudden accident, medical negligence or dementia. This is where you will need Court of Protection solicitors. At Blake Morgan, we have a specialist team who advise on capacity issues and Court of Protection applications including disputes that arise, to support vulnerable people and their families when they need it the most.

Our Court of Protection solicitors also act as professional attorneys and deputies where the Court and/or the family consider it is in the best interest of the person who lacks capacity.

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Main Areas Of Practice

Powers of Attorney

Our capacity and Court of Protection solicitors can advise on the appropriate type of Power of Attorney, and can help ensure that every aspect of a vulnerable person's needs, whether it is to protect their financial assets or to provide for specific requirements in relation to their health and welfare are appropriately managed.

Court of Protection and deputyship

Our expert lawyers help you navigate the Court of Protection application process and the ongoing management of the individual's affairs who has lost capacity. We can assist with applications for specific events such as permission to make gifts, statutory wills, permission to buy and sell property, setting up personal injury trusts, and care issues.

Personal injury trusts

Some individuals who have received compensation may not have the capacity to manage the financial award or they may be a child. The Court of Protection may not be suitable and an alternative may be a Personal Injury Trust. Our Court of Protection solicitors can advise on the best solution and can set up and manage the appropriate Trust.

Care regimes

In conjunction with case managers, setting up and managing homecare regimes and buying and selling property, and ensuring a property is specially adapted to meet individual needs. For those in residential care, we will work with the care home to ensure that financial, health and welfare issues are fully met.

Marriage contracts and statutory Wills

Vulnerable people are often unable to understand the financial consequences of marrying, including that when they marry, a previous Will is revoked. Our Court of Protection solicitors work closely with families when there are concerns about mental capacity, to make applications to the Court of Protection to allow families to make a 'statutory Will'.

Court of Protection disputes

Our capacity and Court of Protection solicitors have extensive experience in dealing with disputed capacity cases in relation to contested statutory Wills applications, disputes concerning the appointment or removal of an attorney or deputy, contested gift applications and other matters in the Court of Protection.

International mental capacity issues

It is becoming increasingly common for individuals to live in one country and own property in another, marry abroad or retire to other countries. Our Court of Protection solicitors can advise where there is more than one jurisdiction involved, on the use of Powers of Attorney in other countries and protective measure that can be taken.

Our Clients

We act for individuals who have lost capacity, and their families, to provide all-round protection to the client.

“I would like to thank you for all your work on my behalf and it is really important to me to have someone who I feel I can trust and advise me.”
- Mr B, Reading


Our Court of Protection solicitors were instructed by the client's Deputy to make an application to the Court of Protection for an Order allowing our client to make gifts to his three sons. 

Our experts supported a clinical negligence claim on behalf of a child who suffered undiagnosed meningitis, leaving him with brain damage. Our Court of Protection solicitors applied to the Court of Protection to appoint a Deputy and assist with purchasing a property and managing investments to ensure the funds received provided an income.

Our Court of Protection solicitors were instructed by a client who had recently moved from South Africa back to the UK to receive care. We applied to the Court of Protection to appoint his family as deputies, requesting authorisation to deal with cross-border arrangements and investigate funds held in South Africa.

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Case Studies

In the Court of Protection in the County Court sitting at Birmingham Civil and Family Justice Centre, before HHJ Clayton on 15 August 2022, there was a ruling concerning hoarding:...

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Professor Richard Jones, Consultant, considers the case of Manchester University Hospitals NHS Foundation Trust v JS and Manchester City Council [2023] EWCOP 12 and recent appeal at [2023] EWCOP 33,...

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Earlier this month, the UK Government announced it would be delaying the long-awaited implementation of the Liberty Protection Safeguards (LPS) set out in the Mental Capacity (Amendment) Act 2019 (the...

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The Government has announced it will delay the implementation of Liberty Protection Safeguards (LPS). In this article, Blake Morgan will look at why this delay has come about and what...

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When you make a Will, Trust, or Power of Attorney, one of the first things you’ll need to do is appoint an Executor, a Trustee, or an Attorney. Get this...

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The Court of Protection has ruled that a Clinical Commissioning Group (CCG) can administer a COVID-19 vaccination in the best interests of someone despite objections from the man's father.

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