Court of Protection
Navigating the Court of Protection (CoP) which rules on financial and health and welfare matters (where a person lacks capacity to make important decisions for themselves) can feel overwhelming.
At VWV, we’re here to make the process easier for you. Our specialist team focuses on safeguarding the well-being of vulnerable individuals who have lost capacity to look after their own affairs, while offering clear, empathetic guidance tailored to your needs. Whether you’re navigating complex financial matters or need help with urgent health and welfare decisions, our approachable team is dedicated to delivering compassionate and decisive support, free from legal jargon.
Our expertise
Our team can help you in the following areas:
Why choose VWV?
When navigating Court of Protection matters, you deserve more than legal expertise - you need a team that truly understands the emotional and practical challenges you face. At VWV, we combine expert advice with a compassionate, client-first approach to help you protect the interests of your loved ones.
Here’s why families trust us:
- Solutions tailored to your family’s needs - Court of Protection issues can be deeply personal, from resolving family disputes to managing complex financial and care decisions. By taking time to understand your family’s dynamics and listening to your concerns, solutions are developed that align with your loved one's goals. We try and avoid costly litigation where possible and our focus is always on creating cost-effective solutions quickly and empathetically, so you can move forward with confidence and peace of mind.
- Expertise you can rely on - With extensive experience in both straightforward and high-value, complex cases, you are sure to receive simple, clear advice. Our vast knowledge of mental capacity law at the centre of all Court of Protection matters, and how it applies in practice, ensures you receive advice that is both legally sound and sensitive to your personal circumstances.
- Comprehensive support at every step - Our Court of Protection team is made up of specialists in both contentious and non-contentious matters, meaning all aspects of your case is covered, saving you time, with every detail meticulously handled.
Our Court of Protection team includes members of ACTAPS (Association of Contentious Trusts and Probate Specialists) and STEP (Society of Estate and Trust Practitioners), which means our knowledge is not only broad but also highly specialised. This cross-team approach is invaluable in delivering comprehensive legal solutions that protect your loved one's interests at every stage. We provide seamless support, also working closely with colleagues in our Estates, Tax Planning and Trusts team. - National recognition, delivered locally - Top-tier recognition from Legal 500 and Chambers & Partners means you can trust the advice and care you receive. With offices in Birmingham, Bristol, Henleaze, London and Watford, expert help is available nationwide, combined with a personal, approachable service that’s easy to access.
- Transparent and competitive costs - Managing costs is key when protecting a vulnerable individual’s assets. We are committed to providing transparent and cost-effective advice, regularly assessed and scrutinised by the Senior Court Costs Office.
With specialist paralegals and junior lawyers in our Court of Protection team, we can carry out your work at competitive rates without compromising on service.
VWV has a really excellent Court of Protection team with vast experience in statutory will applications, contested LPAs and deputyship applications. I have worked with the team on a particularly complex, high value and multi-party statutory will application. Their calm and thorough approach to the preparation of the case and attention to detail helped to secure a great result for the client. I would readily recommend the team to anybody facing a contentious Court of Protection dispute.
Our work highlights
Contested Statutory Will Application
We acted as the Court-appointed deputy for the protected party's (P) property and financial affairs. After investigation, evidence was uncovered of financial abuse, involving significant misappropriated funds. Acting quickly, we made an application to the High Court on behalf of the deputy, successfully reclaiming these assets on behalf of P.
Once the money was recovered, and P's estate restored, an application was made to the Court of Protection for a Statutory Will because there was further evidence that P's existing Will no longer reflected P's wishes. It was a highly contested application with complex legal challenges, but the Court approved a new Statutory Will protecting P's testamentary intentions.
Disputed Capacity
A local authority attempted to move a vulnerable adult to sheltered accommodation against their wishes, citing concerns about their mental capacity. With only 48 hours to prepare, the case was swiftly reviewed, and legal representation was arranged for the hearing.
Despite a GP's assessment that the individual lacked capacity, we were satisfied in our assessment that they did have capacity and could instruct us. New expert evidence that we were able to submit supported our view and proved critical.
Conciliatory Approach
A vulnerable individual faced the prospect of losing their home and being relocated against their wishes after family members applied to become deputies to manage their property and financial affairs.
A thorough and critical assessment of the situation revealed that, despite fluctuating capacity, the individual did still retain the ability to appoint attorneys under a Lasting Power of Attorney (LPA). By working closely with the individual, other family members, and medical professionals, an
LPA was put in place, ensuring their wishes were upheld.
This collaborative approach, combined with expertise across legal and medical disciplines, protected the individual's autonomy, avoided lengthy and costly court proceedings and importantly provided a solution that reflected their wishes.
