Court Of Protection Solicitors

If a loved one has lost the capacity to make decisions about their health, welfare, or finances, navigating the legal landscape can be overwhelming.

At Bennett Griffin, our experienced Court of Protection solicitors in West Sussex are here to provide clear, compassionate guidance tailored to your situation.

With offices in Worthing and Chichester, we are well-placed to support individuals and families across the county.

Whether you need help applying for deputyship, making a statutory will, or addressing disputes, we’re here to help you every step of the way.

Contact us today to speak to one of our specialists and find out how we can help.

What Is The Court Of Protection?

The Court of Protection is a specialist court in England and Wales that makes decisions for individuals who lack the mental capacity to make decisions for themselves.

The Court has jurisdiction over matters concerning a person’s property, financial affairs, and personal welfare.

The Court’s responsibilities include:

• Deciding whether a person has the capacity to make a particular decision.
• Appointing deputies to make ongoing decisions on behalf of someone who lacks capacity.
• Granting permission for certain decisions, such as large financial transactions or changes to a will.
• Considering urgent or emergency applications.
• Resolving disputes about what is in a person’s best interests.

The Court of Protection aims to safeguard the rights and well-being of vulnerable individuals while ensuring decisions made on their behalf are appropriate, lawful, and in their best interests.

How Our Court of Protection Solicitors Can Help

There are many situations where professional legal support is essential in dealing with Court of Protection matters.

At Bennett Griffin, our Court of Protection lawyers in West Sussex provide a comprehensive and compassionate service tailored to your individual needs.

We are experienced in navigating complex legal frameworks and ensuring that every decision is made in the best interests of the person lacking capacity.

Our services include:

Deputy Applications

We assist family members or friends who wish to apply to the Court for permission to make decisions on behalf of a loved one. Whether for health and welfare or financial matters, we guide you through the process to secure the appropriate authority.

Acting as a Professional Deputy

In cases where no suitable deputy is available, our solicitors can act as professional deputies. We take on this responsibility with the utmost care, managing financial or welfare decisions in accordance with legal obligations and the individual’s best interests. We can also assist if you or a loved one feels that there is a breakdown of the relationship with a current professional Deputy and feels that it is in your best interests to have a new Deputy to act on your behalf.

Statutory Will Applications

If someone lacks the capacity to make or change a will, we can apply to the Court for approval of a statutory will. This ensures their estate is managed in a way that reflects their circumstances and their estate passes in their best interests to the people that they would want to benefit.

Gift Applications

Making a gift on behalf of someone who lacks capacity is complex and often requires permission from the Court of Protection even if you act as an Attorney. Our team can advise on what is legally permissible and prepare the necessary documentation to support your application.

Disputed Court of Protection Applications

If you have concerns about a deputy or attorney acting improperly or not in a loved one’s best interests, we can help you challenge their appointment. Our solicitors can guide you through applications to remove or replace them, ensuring your loved one’s rights and welfare are protected. Alternatively, you may be defending a claim made against yourself and need expert assistance.

Each of these matters can be complex, but with the right legal support, you can act confidently and in accordance with the law.

Why choose Our Court of Protection Solicitors?

At Bennett Griffin, we combine specialist legal knowledge with a compassionate, personal approach.

With offices in Worthing and Chichester, we are well-positioned to support clients across West Sussex, offering a local, accessible, and highly responsive service.

Our solicitors have extensive experience in dealing with applications to the Court and provide clear, practical advice at every stage.

We take time to understand your unique circumstances and deliver tailored solutions that protect the interests of the individual at the heart of the case.

Speak To Our Court of Protection Solicitors in West Sussex

If you’re facing decisions about the welfare or finances of a loved one who lacks capacity, our team is here to help.

At Bennett Griffin, we offer trusted legal support with a compassionate and practical approach, guiding you through every step of the Court of Protection process.

You can call our Worthing office on 01903 229999 or our Chichester team on 01243 256370.

Alternatively, email info@bennett-griffin.co.uk, and we’ll reply to you shortly.

We’re here to listen, advise, and support you in making the right decisions for those who matter most.

Court Of Protection Solicitors – FAQS

What can the Court of Protection do?

The Court of Protection can decide on financial or welfare matters for individuals lacking mental capacity. This includes appointing deputies, authorising statutory wills, and resolving disputes regarding a person’s best interests.

What does ‘best interests’ mean?

‘Best interests’ is a standard used to ensure that any decision made on behalf of someone lacking capacity is done with consideration of their well-being, values, and preferences.

How long does the Court take to make appointments?

The time it takes for the Court of Protection to appoint a deputy can vary depending on the complexity of the case and whether there are any objections or delays in providing information. On average, the process takes between six to nine months from the date the application is submitted. Urgent cases, such as those involving immediate health or financial risks, can sometimes be fast-tracked, but these are exceptions. Our solicitors can help ensure that your application is completed accurately and efficiently, minimising delays wherever possible.

How much are your Court of Protection solicitors’ fees?

Our fees for Court of Protection matters depend on the nature and complexity of your case. We will always provide a clear estimate before any work begins. In most cases, fees can be recovered from the estate of the person lacking capacity, subject to the Court’s approval. We are committed to transparency and will discuss all costs with you upfront to ensure there are no surprises.

Can you apply to the Court of Protection without a solicitor?

While applying without legal representation is possible, the process can be complex. Engaging a solicitor ensures that applications are completed accurately and efficiently, reducing the risk of delays or errors.

Is the Court of Protection the same as a Lasting Power of Attorney?

No. A Lasting Power of Attorney (LPA) is a legal document created while a person has capacity, appointing someone to make decisions on their behalf in the future. The Court of Protection becomes involved when no LPA is in place and the individual has already lost capacity.

Can you change a professional deputy?

Yes, it is possible to apply to the Court of Protection to change a professional deputy if the current arrangement is no longer working in the best interests of the person lacking capacity. This may be due to poor communication, concerns about fees, or a breakdown in trust. The Court will consider whether the change is necessary and appropriate before approving a new appointment. Find out more: Can I Change My Professional Deputy?