Court of Protection Solicitors

The Court of Protection is a specialist court established by the Mental Capacity Act 2005 with jurisdiction over the property, financial affairs, and personal welfare of people who lack the mental capacity to make decisions for themselves. The court appoints deputies to manage the affairs of a person who lacks capacity (referred to as “P”) where there is no registered lasting power of attorney in place, and makes one-off orders and declarations on specific decisions where a deputy’s ongoing authority is not required. The Office of the Public Guardian supervises deputies appointed by the court.

The Mental Capacity Act 2005 sets out five statutory principles that govern all decisions made under it. First, a person must be assumed to have capacity unless it is established that they lack capacity. Second, a person is not to be treated as unable to make a decision unless all practicable steps to help them do so have been taken without success. Third, a person is not to be treated as unable to make a decision merely because they make an unwise decision. Fourth, an act done or a decision made under the Act for or on behalf of a person who lacks capacity must be done or made in that person’s best interests. Fifth, before an act is done or a decision is made, regard must be had to whether the purpose for which the act is needed can be achieved in a less restrictive way.

Law Lane Solicitors advises families, carers, and proposed deputies on Court of Protection applications and related mental capacity matters from offices in Stratford, High Holborn, and Croydon. We were founded in 2015 and are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews.

What does our Court of Protection service cover?

We act for individuals and families across the full range of Court of Protection work in England and Wales, including:

• Property and affairs deputyship applications, applying to the Court of Protection for the appointment of a deputy to manage the financial and property affairs of a person who lacks capacity and has no registered lasting power of attorney under the Mental Capacity Act 2005
• Personal welfare deputyship applications, in cases where ongoing welfare decisions require a deputy to be appointed, which the court grants in a more limited range of circumstances than for financial affairs
• One-off applications and declarations, where a court order is needed for a specific decision rather than an ongoing deputyship, such as a statutory will application, a property sale, or a declaration on a medical treatment question
• Statutory will applications, applying to the Court of Protection for authorisation to make, alter, or revoke a will on behalf of P, where P lacks testamentary capacity
• Urgent and emergency applications, including applications for urgent interim orders where a person’s welfare or assets require immediate protection
• Advising deputies on their ongoing duties and reporting obligations to the Office of the Public Guardian, including the preparation of annual accounts and deputy reports
• Applications to remove or substitute a deputy, where a deputy has failed to act in P’s best interests or is no longer able to fulfil the role
• Challenging decisions made by professionals, local authorities, or NHS bodies about the care or treatment of a person lacking capacity, including disputed best interests decisions
• Deprivation of liberty: advising on the legal framework for authorising a deprivation of liberty under the Mental Capacity Act 2005, including applications to the Court of Protection for welfare orders
• Advising on the interaction between Court of Protection proceedings and an existing or proposed lasting power of attorney, including applications to revoke a registered LPA where the attorney has misused their powers

Why choose Law Lane for Court of Protection matters?

Court of Protection proceedings are procedurally detailed and emotionally demanding. Families often come to us at a point of crisis, when a loved one has already lost capacity and urgent decisions need to be made. We act promptly, explain the process clearly, and ensure that the application is prepared correctly to avoid unnecessary delays at the court.

The best interests test under the Mental Capacity Act 2005 requires all decisions to be made with reference to the five statutory principles and to what is in the interests of the person lacking capacity. In practice, that means listening carefully to those who know P well, gathering the right evidence, and ensuring that P’s past and present wishes are properly represented before the court. We approach every case with that in mind, whether we are acting for a family member seeking deputyship, a proposed professional deputy, or a party opposing a decision made in a person’s name.

Where Court of Protection proceedings become contested, for example where family members disagree about P’s best interests, or where a decision made by a professional body is challenged, we have solicitors and solicitor-advocates who can represent clients at hearings. Having in-house advocacy means that the person who has advised throughout the case can appear at court, maintaining continuity and avoiding the cost and disruption of instructing separate counsel at a late stage.

Get in touch today to discuss your situation in complete confidence. Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk

Trusts are legal structures recognised under English law that allow one person (the trustee) to hold and manage assets for the benefit of another (the beneficiary). Trustees owe statutory duties under the Trustee Act 2000, including a duty of care and specific investment duties. The use of trusts in estate planning can serve a range of objectives, from protecting assets for vulnerable beneficiaries to holding land under the Trusts of Land and Appointment of Trustees Act 1996, to structuring arrangements that may reduce or defer exposure to inheritance tax.

At Law Lane Solicitors, our private client team advises individuals, families, and business owners from our offices in Stratford, High Holborn, and Croydon. Founded in 2015, we are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews.

What does our estate planning and trusts service cover?

Our team advises on the full range of estate planning and trust work in England and Wales, from straightforward wills and lifetime trusts to complex multi-generational arrangements. We advise on the following matters:

• Will drafting, including testamentary trusts, specific and residuary gifts, and provisions for minor and vulnerable beneficiaries, ensuring validity under the Wills Act 1837
• Discretionary trusts, giving trustees flexibility to allocate income and capital among a class of beneficiaries, often used for inheritance tax planning and protecting assets for future generations
• Life interest trusts (also called interest in possession trusts), where one beneficiary is entitled to income for life and the capital passes to another beneficiary on their death, commonly used for second-marriage families
• Bare trusts, holding assets on trust absolutely for a named beneficiary who can call for the assets once of age
• Trusts of land governed by the Trusts of Land and Appointment of Trustees Act 1996, including advice on co-ownership, beneficiaries’ occupation rights, and the appointment and retirement of trustees
• Trustee advice, including duties of investment and care under the Trustee Act 2000, the exercise of trustee powers, and trustee changes
• Inheritance tax planning advice, structured around general principles of gifting, trust structures, and the use of exemptions and reliefs, without giving advice on specific tax rates or thresholds that are subject to change
• Lifetime giving strategies, including potentially exempt transfers and the use of annual and other exemptions under general inheritance tax principles
• Estate administration, including obtaining grants of probate and letters of administration under the Administration of Estates Act 1925, collecting and distributing assets, and settling liabilities
• Reviewing and updating existing wills and trust deeds to reflect changed family circumstances, legislation, or assets

Why choose Law Lane for estate planning and trusts?

Estate planning is one area of law where getting the structure right at the outset matters enormously. A will that fails to meet the execution requirements of the Wills Act 1837 is invalid; a trust that is not properly constituted cannot achieve its purpose; and a plan drafted without regard to current tax principles may produce unexpected consequences. Our solicitors approach every estate plan by first understanding the client’s family, assets, and objectives, and then building a structure that is legally sound, practically workable, and properly documented.

We work across a wide range of client situations, from straightforward single-asset estates to multi-property portfolios, business interests, and assets held in more than one jurisdiction. Where an estate includes land co-owned with others, we advise on the form of co-ownership and the implications for the client’s estate plan under the Trusts of Land and Appointment of Trustees Act 1996. Where a client has dependent family members who require protected provision, we advise on the use of discretionary trusts and their interaction with means-tested benefits.

Our solicitors include specialists in both contentious and non-contentious private client work. That breadth means that when a dispute arises, whether over a trust account, a co-owned property, or the validity of a lifetime gift, we can advise on both the management of the arrangement and the options for resolving the dispute, without the client needing to move to a different firm.

Get in touch

Court of Protection proceedings are often urgent and always personal. Our team acts quickly to protect the people who need it most, and guides families through the legal process with clarity and care.

Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk