Private Law

Court of Protection Solicitors

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The Court of Protection



The Court of Protection is a specialist court that makes decisions for people who lack mental capacity. Our Court of Protection Solicitors at John Fowlers can help you apply for Deputy Orders over property, finances, health and welfare, or guide you through statutory will applications and emergency orders.



Deputy Orders


If someone has lost capacity and has not made a Lasting Power of Attorney, you can apply to the Court of Protection for a Deputy to manage their affairs. A Deputy may be:

  • A friend or family member

  • A professional (such as one of our solicitors), where disputes exist or no suitable private deputy is available


As a court‑appointed Deputy, you gain authority to make decisions on property and financial affairs (for example, paying bills or organising pensions) and, where appointed, on health and welfare matters (such as medical treatment or residence).


Our team, led by specialist solicitor Christopher Andrews, can:

  • Prepare and submit Deputy Order applications

  • Advise on the scope of deputyship (property & affairs and/or health & welfare)

  • Draft annual reports and accounts for the Court

  • Represent parties objecting to a Deputy appointment




Full Court of Protection Services


John Fowlers Solicitors offer comprehensive support in all Court of Protection matters, including:

  1. Managing Financial Affairs
    Day‑to‑day management and long‑term investment of capital.

  2. Emergency Orders
    Urgent applications where someone is at immediate risk.

  3. Resolving Deputy/Attorney Disputes
    Applications to remove or replace an Attorney or Deputy for abuse of power.

  4. Approval of Gifts
    Securing Court approval for significant gifts made by the protected person.

  5. Statutory Will Applications
    Drafting and obtaining approval for a will on behalf of someone who lacks capacity.

  6. LPA & Capacity Challenges
    Defending or making challenges to Lasting Power of Attorney appointments where capacity is in doubt.




Statutory Wills


When a person cannot make a will due to incapacity, a Statutory Will may be ordered by the Court of Protection. This is appropriate where:

  • The existing will is outdated by changes in assets or family circumstances

  • There is a risk of “gross injustice” to beneficiaries


We assist with:

  • Gathering evidence of the person’s mental capacity

  • Drafting a proposed will

  • Preparing supporting financial, care and relationship information

  • Liaising with the Official Solicitor’s independent representative

  • Securing the final Court Order to execute the Statutory Will




How We Work

  1. Review your case details
    We assess capacity issues, existing LPAs and any disputes.

  2. Agree scope and costs
    We explain the process, likely timeline and fee estimate.

  3. Prepare and submit applications
    We handle paperwork, representations and Court correspondence.

  4. Ongoing support
    From application through to final order, we keep you informed and supported.




Contact Our Court of Protection Solicitors


For specialist advice from experienced Court of Protection Solicitors in Colchester, Essex:




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