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Martin Searle Solicitors

The Court Of Protection

Martin Searle Solicitors Community Care Law Team

Making an application to the Court of Protection

Applications to the Court of Protection should only be made when all other avenues have been exhausted. This can include meetings with Health and Social Services, Mediation and other forms of Dispute Resolution. Of course, asking the Court of Protection to assist is sometimes inevitable either because the issue is urgent, or because you have not been able to resolve the dispute or issue in other ways. Our Community Care Law team are experienced in dealing with urgent and non-urgent Court of Protection proceedings and representing clients at hearings.

The following are examples of the type of work that we do in the remit of the Mental Capacity Act 2005 representing both Applicants and Respondents.

  • Challenging Mental Capacity and Best Interest decisions
  • Safeguarding Vulnerable Adults:
    • Financial abuse and exploitation
    • Physical or Emotional abuse
    • Care packages and living arrangements including accommodation at home or in a residential setting
    • Applications to revoke an EPA or LPA, or remove an Attorney
  • Deputy Applications – contested and non-contested:
    • Property & Finances
    • Health & Welfare
  • Court of Protection Trustee Applications

Court of Protection Costs

The initial court fee is normally £400 and there are normally additional court fees following this initial outlay – court proceedings can be costly and it is for this reason that we endeavour to avoid the necessity for applications to be made wherever possible. Solicitors’ fees for Court of Protection work vary greatly, but the team at Martin Searle Solicitors will always provide you with cost estimates so that you know what the likely legal fees will be. We review cost estimates as cases progress and provide updates on a regular basis so that our clients are always updated with any changes. We can help with some Court of Protection applications at an agreed fee.

Need help with Court of Protection proceedings?

For help with making a deputyship application contact us today on 01273 609911, or email

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