Court of Protection

USC’s Court of Protection team deals with a wide range of cases arising in the jurisdiction.

Members are regularly instructed by all parties to such proceedings including professional RPRs, family members, local authorities, deputies, Protected Parties and the Official Solicitor.

Members of the USC Court of Protection team provide specialist expertise in the fields of both Health & Welfare and Property & Affairs. Our considerable experience in wills and probate, trusts, administration of estates and family provision means we are also able to provide accurate and practical advice to all our clients.

We cover a broad range of areas under the Mental Capacity Act 2005, with an emphasis on health and welfare issues. Our work includes

  • Personal welfare applications, including whether it is in the person’s best interests to live in a family home or residential care or other care setting, disputes over arrangements for contact with family members, decisions on care packages involving deprivation or restriction of liberty.
  • Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS).
  • Emergency applications, e.g. the transfer of a person lacking capacity to a new care setting, requiring a transfer plan with potential deprivation of liberty, requiring advance authorisation by the court.
  • Advising on local authority safeguarding duties and on the community care law issues arising in Court of Protection cases.
  • Contested applications for the appointment of deputies (welfare/financial affairs), and other property and affairs applications, e.g. issues arising under Lasting Powers of Attorney, such as applications by the Office of the Public Guardian to revoke the power

Get in touch about Court of Protection