Specialist Court of Protection Solicitors in Chester
When someone is unable to make their own choices because they lack mental capacity, their rights need protection.
In circumstances where there is no valid Lasting Power of Attorney or Enduring Power of Attorney, the law treats that person as a protected person.
In these situations, the Court of Protection can grant authority for another person to make important decisions on behalf of the protected person. That person is called a Deputy. Deputies can manage day-to-day matters, as well as larger financial affairs or health and welfare issues.
At AFG Law, our experienced Court of Protection Solicitors in Chester offer clear, supportive guidance. Although our offices are based in Greater Manchester, our private client solicitor team has the ability to work remotely, helping people and their family members across England and Wales.
What is a Professional Deputy?
Sometimes the Court appoints a Professional Deputy instead of a relative. This ensures that the person who lacks capacity receives impartial, expert support.
Our solicitors regularly act as Professional Deputies, giving specialist legal advice and making decisions on behalf of vulnerable individuals. We can:
- Pay bills, collect income, and manage investments.
- Make important decisions about care arrangements or accommodation.
- Apply for permissions to sell property or release funds.
- Deal with tax returns and ensure funds are used in the best interests of the individual.
Having an experienced solicitor in this role means you benefit from an independent voice who understands complex legal processes and the responsibilities of a Deputy.
What is the Court of Protection?
The Court of Protection is a specialist court created under the Mental Capacity Act 2005. It oversees cases where a person cannot decide for themselves because of dementia, brain injury, severe learning difficulties, or mental illness.
The court handles a wide range of issues, including:
- Appointing a Deputy or Attorney to act for someone lacking capacity.
- Authorising one-off actions, such as selling a home or investing assets.
- Considering deprivation of liberty matters, such as restrictions on someone’s movements in care settings.
- Approving medical treatment, including life-sustaining procedures.
- Ruling on disputes over Lasting Powers of Attorney or Enduring Powers of Attorney.
- Resolving conflicts between relatives, carers, and professionals.
Its guiding principle is always the best interests of the person concerned.
Why appoint a deputy or solicitor?
If the court decides someone lacks capacity, it can appoint a deputy to make choices about their financial affairs or health and welfare. A Deputy may be a trusted family member, friend, or a qualified solicitor.
Choosing a solicitor offers clear advantages:
- You gain access to strong legal advice on complex matters.
- A solicitor understands the Court’s rules and can guide you when dealing with the court.
- They can act quickly if urgent orders are needed.
- A solicitor can coordinate with social services, care homes, or medical teams to make sure arrangements protect the interests of the individual.
Where significant assets or property are involved, appointing a Professional Deputy adds an extra layer of reassurance.
What are deputies given authority over?
Deputies may be given authority over two main areas:
Property and financial affairs
- Managing bank accounts and pensions.
- Paying household bills, mortgage, or rent.
- Arranging insurance, investments, or sales of property.
- Preparing budgets so that funds last for future care.
Health and welfare
- Deciding on living arrangements or care homes.
- Approving medical treatment or therapies.
- Handling deprivation of liberty issues to ensure restrictions are fair and lawful.
- Liaising with doctors, carers, and social workers about support packages.
Our team makes sure all decisions on behalf of a Protected Person are consistent with the law and in their best interests.
Other legal processes we support
The Court of Protection also deals with:
- Statutory Wills – Where someone cannot make their own will, the court can approve a document that reflects what they would likely have wanted.
- Enduring Powers of Attorney – Older documents made before 2007 may still be valid; we can help register or challenge them if needed.
- Emergency Applications – For urgent treatment or safeguarding issues, the court can issue interim orders in a matter of hours.
Because our Court of Protection solicitors are part of AFG Law’s Private Client team, we work closely with colleagues in probate, tax, and property law, offering a joined-up service.
Why choose AFG Law?
We understand that Court of Protection cases often arise at stressful moments. Families may be worried about finances, care standards, or complex medical needs.
Our role is to explain the legal processes in plain language and to shoulder as much of the paperwork as possible. We focus on protecting the person who lacks capacity while giving peace of mind to their loved ones.
Whether you need help applying to become a Deputy, support with financial affairs, or representation in health and welfare hearings, our solicitors are here to help.
AFG Law advises clients in Chester, across North Wales and throughout England and Wales. We also have offices in Bolton, Bury, and Stockport, making us easily accessible wherever you live.
Our reputation as approachable, knowledgeable Court of Protection solicitors means you can rely on us for practical solutions, careful planning, and respectful representation.
Speak to our Court of Protection solicitors in Chester
If you need expert help with making important decisions for a loved one who lacks capacity, contact AFG Law’s Court of Protection solicitors today.
You can contact us via email at privateclients@afglaw.co.uk or call us on 01204 920106.
