Wills & Probate

Court of Protection Solicitors in Bridgend and Rhondda Cynon Taff

If a person is no longer able to make their own decisions or deal with their own affairs, then it is important that someone close to them is able to act on their behalf and in their best interests.

Anyone can lose mental capacity, be it through illnesses such as Alzheimer’s or dementia, or brain injury, alcohol or drug misuse, side effects from medical treatment, or other illness or disability.

If someone loses mental capacity and does not have a Lasting Power of Attorney in place, then the Court of Protection can appoint someone (usually a family member) as a ‘Deputy’ to deal with things for them.

Devonalds can provide expert advice on the steps involved and practical assistance with completing the necessary forms for any Court of Protection application. We have helped many families across South Wales through this often difficult process and can help to ensure you are able to look after your loved one at their time of need.

Why choose Devonalds for a Court of Protection application?

Devonalds has helped people in Rhondda Cynon Taff and Bridgend to support their loved ones facing mental capacity issues for over three decades. We can provide clear advice to ensure your loved one’s needs are taken care of, no matter the circumstances.

Our Court of Protection solicitors in South Wales can assist with:

  • Applying to become a Court of Protection deputy
  • One-off applications (such as to sell a property)
  • Applications to make a Statutory Will
  • Advice for people acting as a Court of Protection deputy
  • Resolving deputyship disputes

We are proud of our strong connection to the local community, with most of our team being born and bred in the Rhondda Cynon Taff area. This is just one of the reasons we are so passionate about providing the best possible service for each of our clients.

You can speak to us by phone, email or video conferencing and we will be happy to answer your questions clearly and honestly, without unnecessary legal jargon.

Speak to our Court of Protection solicitors in South Wales today

To discuss how we can help you with applications to the Court of Protection, acting as a deputy or any related matters, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.

Types of Court of Protection deputyship

There are two types of Court of Protection deputyship you can apply for, depending on your loved one’s needs. You can apply to be one or both types of deputy as required.

Property and financial affairs deputy

This gives the deputy the authority to help their loved one deal with matters related to their personal finances and home e.g. paying their bills or managing their pension.

Personal welfare deputy

This gives the deputy the authority to make decisions about their loved one’s medical treatment and personal care e.g. their diet.

Applying to the Court of Protection

We can assist will all types of applications to the Court, including applications to become a deputy, as well as one-off applications, such as to sell your loved one’s home or to create a Statutory Will.

Our team can guide you through the whole application process, including making sure you are eligible to apply and then ensuring all paperwork is filled out correctly and submitted promptly.

We can also assist with answering any queries raised by the Court, providing any additional information required and what to do if the Court asks you to attend a hearing.

Advice for Court of Protection deputies

As a deputy, you are required to send an annual report to the Office of the Public Guardian (OPG). In this, you will need to explain any decisions you have made on behalf of your loved one during the preceding year. It is therefore essential to keep clear records of any decisions you make, the reasoning behind them and their effect.

Our Court of Protection solicitors can advise you on this, including how to keep good records and how to complete your annual report.

Court of Protection deputyship dispute resolution

Where someone has lost mental capacity, it is not uncommon for their loved ones to disagree over what is in their best interests. Where there is a Court of Protection deputyship in place, this can lead to accusations that the deputy is not acting in the vulnerable person’s best interests.

Should such a dispute arise, our team can advise you on the best course of action to achieve a swift resolution while keeping conflict to a minimum. In most cases, these disputes can be resolved amicably with the right approach, minimising the risk of damaging important family relationships while making sure the vulnerable person’s needs are always the top priority.

Court of Protection FAQs

What can a Court of Protection deputy do?

This depends on the type of deputyship that has been granted (see above) but in general, their role is to help someone without mental capacity to make decisions about their affairs and carry those decisions about.

As a general rule, the deputy should always make decisions in line with what they believe the vulnerable person would have made if they still had capacity.

Who can be appointed as a deputy by the Court of Protection?

Anyone over the age of 18 can be a Court of Protection deputy, but it is usually a family member or close friend of the person who needs help. In some cases, a professional deputy, such as a solicitor, may be appointed if there is nobody else suitable to carry out the role.

There are some circumstances that may affect your ability to become a deputy, such as if you have ever been declared bankrupt or had a County Court Judgement (CCJ) issued against you. If you think this might be an issue, please speak to a member of our team.

How long does it take to get a Court of Protection order?

There is no strict time limit and how long it takes will depend on the circumstances. If there are no issues, getting a Court of Protection order in place can be completed in a matter of months.

As part of the application process, you must notify anyone who would have an interest in the application (such as close relatives or dependants of the vulnerable person). You must then give them at least 14 days to respond. This is the only strict time limit that applies.

How long goes a Court of Protection deputyship last?

It will last either until the deputy asks for it to be revoked, the Court decides it should be revoked (e.g. if the deputy is not carrying out the role properly) or the vulnerable person the deputyship relates to passes away.

What happens to a Court of Protection deputyship when someone dies?

A Court of Protection deputyship will automatically expire when the subject of the Order dies. Their estate will then be dealt with by the Executor of their Will (if they have one) or whoever applies to become the Estate Administrator if there is no Will.

Can I make a Will for someone who is not ‘of sound mind’?

If someone lacks mental capacity, they will not be able to make a Will themselves. However, you will be able to apply to the Court of Protection to make a ‘Statutory Will’ on their behalf. This will set out what should happen to the vulnerable person’s estate in the event of their death and should represent what they would have been expected to put in their Will, should they have still had mental capacity.

Speak to our Court of Protection solicitors in South Wales today

To discuss how we can help you with applications to the Court of Protection, acting as a deputy or any related matters, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.