Specialist Court of Protection Solicitors in Rochdale
When a person lacks the mental capacity to make their own decisions, the law steps in to ensure their rights and wellbeing are protected.
If there is no valid Lasting Power of Attorney or Enduring Power of Attorney in place, that individual is treated as a Protected Person. In such cases, the Court of Protection may appoint a Deputy to make decisions on their behalf. Deputies may be responsible for everyday matters such as paying bills, as well as larger issues like selling property or arranging long-term care.
At AFG Law, our experienced Court of Protection Solicitors in Rochdale are here to provide clear advice and practical support. Although our offices are based in Greater Manchester, we work with families across England and Wales, both in person and remotely, ensuring you have access to expert guidance and legal services wherever you are.
What is the Court of Protection?
The Court of Protection, established under the Mental Capacity Act 2005, makes decisions for people who cannot decide for themselves due to dementia, brain injury, severe learning difficulties, mental illness, or following an injury.
The Court’s powers include:
- Appointing Deputies or confirming Attorneys to act for someone who lacks capacity.
- Authorising one-off actions such as selling a home or managing investments.
- Considering deprivation of liberty cases in care settings.
- Approving medical treatment, including life-sustaining care.
- Settling disputes about Powers of Attorney.
- Resolving disagreements between family members, carers, and professionals.
In every case, the guiding principle is that decisions must be in the protected person’s best interests.
What Can Deputies Be Responsible For?
Property and financial affairs
- Managing bank accounts, pensions, and investments.
- Paying mortgages, rent, and household bills.
- Selling or buying property when required.
- Budgeting to ensure funds cover long-term care.
Health and welfare
- Deciding on living arrangements or care packages.
- Consenting to medical treatment.
- Handling deprivation of liberty issues fairly and lawfully.
- Working with doctors, carers, and social workers.
Deputies must also submit annual reports to the Office of the Public Guardian, which oversees and audits their work.
What is a Professional Deputy?
The Court of Protection sometimes appoints a Professional Deputy instead of a relative, to make sure that the individual who lacks capacity receives impartial, expert assistance.
Our solicitors regularly act in this role, offering specialist legal advice and handling matters on behalf of vulnerable people. We can:
- Manage income, pay bills, and oversee investments.
- Make decisions about accommodation and care.
- Apply to the Court for permission to sell property or access funds.
- Deal with tax returns and financial planning.
- Ensure decisions are always made in the best interests of the person.
This independent, regulated approach provides families with reassurance that their loved one’s finances and welfare are being carefully managed.
Why Appoint a Professional Deputy or Solicitor?
If the Court decides a person lacks capacity, it can appoint a Deputy to make decisions about their property and financial affairs or health and welfare. This may be a trusted family member or a professional solicitor.
Appointing a solicitor as Deputy offers clear benefits:
- Access to strong legal knowledge and experience.
- Guidance through complex applications to the Court of Protection.
- Fast action in urgent cases where emergency orders are required.
- Coordination with care providers, social services, and medical professionals to protect the individual’s interests.
This is particularly important when significant assets, such as savings, investments, or property are involved.
Other Matters the Court of Protection Deals With
Our solicitors also support clients with:
- Statutory Wills – where someone cannot make their own Will, the Court can approve one that reflects what they would likely have wanted.
- Enduring Powers of Attorney – helping to register or challenge older documents.
- Emergency applications – for urgent medical or safeguarding concerns, the Court can issue interim orders quickly.
Because our team works closely with colleagues in probate, tax, and property law, including commercial property, we can offer joined-up advice across related legal areas.
Why Choose AFG Law?
We know that Court of Protection issues often arise at stressful times. Families may feel overwhelmed by the financial and emotional pressures involved. Our role is to explain the process clearly, take on the paperwork, and protect the interests of the Protected Person.
Whether you need advice on deputyship or support managing financial matters, AFG Law is here to help.
Speak to Our Court of Protection Solicitors in Rochdale
If you need expert advice about supporting a loved one who lacks capacity, contact our Court of Protection solicitors in Rochdale today.
You can contact us via email at privateclients@afglaw.co.uk or call us on 01204 920106.
With offices in Bolton, Bury, and Stockport, we are well placed to support clients in Rochdale, Greater Manchester, and across England and Wales. Our reputation for providing compassionate, professional, and practical legal solutions means you can trust us to protect your loved one’s future.
