Court of Protection Solicitors in Cheshire

The context of an application to the Court of Protection is a person’s loss of mental or physical capacity to act for themselves when that person has made no other provision – in essence they do not have an LPA (see our LPA product for more details of this).

If someone loses their capacity to make an LPA before they actually do make an LPA, then by definition they do not have capacity, either, to give direction for their property, financial affairs, health and welfare. Therefore, in order to deal with that person’s property, financial affairs, health and welfare, the Court of Protection will have to be asked to appoint a Deputy to act for that person in those regards – which is what this product is for.

Until a Deputy has been appointed:

  1. It is likely that healthcare professionals and social workers will exercise their statutory powers to make health and welfare decisions – which decisions might not accord with the wishes of the person themselves, or their loved-ones.
  2. It is likely to be impossible to deal with that person’s property and financial affairs, at all.

A Court of protection application is complicated and takes a long time both to prepare, and for the Court to process – it really should be regarded as a “last resort” – the outcome of failing to have the ‘insurance-policy’ of an LPA in place.

The product is for taking instructions, and then submitting and progressing the application on paper – there is normally no hearing required. If there were ordered to be a hearing, the costs associated with that would be extra.

How long does Court of Protection application take?

We don’t generally do anything for new clients until our process of client retention has concluded – this involves agreeing the scope of what we are doing for the price (our terms are below), setting-up our client record (that includes ID checks), and producing the bill (payment in advance is required for all new clients).

A Court of Protection application is complicated and takes a long time both to prepare, and for the Court to process after it is submitted. Because all Deputyship applications are important to those making them, there is no normal facility to have them processed as “immediate”; the Court of Protection generally take 6-9 months to process a normal application.

In the case of a genuine urgency – e.g. of the scale of life being threatened if a Deputy is not appointed straight away – an emergency application could be bought at considerable additional cost.

Money Matters

Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim

We charge £1300 + VAT = £1560 plus applicable COP fees

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.

Related Services

Clients might find the following legal links useful.

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Mary Ireland

Head of Estate Planning Section / Director
Head of Bramhall office
Licensed Probate Practitioner
Bramhall, 0161 440 0131
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Alice Higginbottom

Estate Planning Associate
Bramhall, 0161 440 0131
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Jonathan Mounteney

Solicitor (1994 Qualified)
Director Practice Principal (M.D.)
Head of Commercial Section
Head of Support Section
Heald Green, 0161 283 6573
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Katie Thomas
Katie Thomas
Amazing service from Mounteney Solicitors, Especially Anna who helped us so much throughout the process of buying our first home. Nothing was ever too much from answering any of our queries or concerns, keeping us updated throughout the process and doing at lot of chasing for us. Thank you so much to the whole team!
Kevin Doyle
Kevin Doyle
We were very happy with the service both Amanda Neill and her assistant Caroline Edwards provided with the purchase of our Apartment from Adlington Living in Heaton Mersey. We found Amanda both friendly and attentive to our purchase. The team kept us informed of the progress and the purchase went through on time. We were so impressed I decided to use her team again for another property sale
Gary M
Gary M
Fantastic service from initial contact, all the way to moving into our new home on the completion date.Anna, who dealt with both the sale & purchase of our old and new property was always on hand to answer any queries we had. Anna took away all the stress that comes with moving house and clearly explained all the paperwork that comes with it. A very big thank you also to Caroline who is just the nicest person to deal with.Both Anna and Caroline are a credit to Mounteney Solicitors and I would recommend them to anyone looking for conveyancy solicitors. Thanks!
I have used Mounteney, specifically Anna Beavers when buying & selling houses numerous times & each time she has given me a great service. Anna is quick to respond to any enquires, has always met deadlines & is efficient with making sure the other side isn't causing delays.I wouldn't use any other conveyancer in the future & definitely recommend to others. Caroline Edwards is also super helpful & friendly providing a great client experience.
John Marsden
John Marsden
The team at Mounteneys , Amanda, Sam, Caroline and Katie all did a fine job in bringing a recent house sale and purchase to a satisfactory conclusion. The transactions were not without difficulty due to a lack of communication on our part but as we got closer to exchange of contracts and completion, they pulled out all the stops to ensure that successful transfer of funds was achieved on the due date. We would have no hesitation in recommending Mounteneys to other potential clients.
Tim Capper
Tim Capper
I can thoroughly recommend Mounteney solicitors in Cheadle. Katie Reade handled the sale of my mum’s home with professionalism and an attention to detail. Katie kept me informed all the way and really did a great job, so happy to thank her publicly through this review.

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