The Court of Protection can make decisions for a person who lacks the mental capacity to make decisions for themselves. This can include decisions about financial affairs, and about health and welfare where the Court decides the person lacks capacity to make that specific decision.

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If your loved one does not have mental capacity, the Court may appoint a Deputy to manage their financial affairs. This may be a family member or friend. If there is no one suitable to act, the Court may appoint a professional Deputy.

The Court of Protection can also make orders about health and welfare. However, we often find that the Courts are reluctant to appoint a Deputy for Health and Welfare, instead preferring to deal with matters as they arise.

For example, if you did not agree with a decision concerning a care placement, you may need the Court to intervene and make a best-interest decision as to the suitability of the care being offered.

A Deputy is responsible to the Court of Protection and is supervised by the Office of the Public Guardian. The Deputy must provide annual reports setting out the steps taken for the person they act for, annual financial expenditure, and any best-interests decisions made.

Many people put arrangements in place by making a Lasting Power of Attorney (or, previously, an Enduring Power of Attorney) to allow someone to manage their affairs if they become unable to do so. Unfortunately, some people may not have made this provision.

If they do not have a Power of Attorney in place and become unable to manage their financial or health affairs, their loved ones may have to apply to the Court of Protection for help.

At SME Solicitors, we have the specialist knowledge to guide you through the process of making the application and thereafter supporting you once the Order has been made, advising on the completion of annual reports and if further Orders need to be sought from the Court of Protection.

Our high level of expertise is also regularly called upon for contentious matters and related professional negligence litigation. Our Private Client team were recently recognised as 'Private Client Team of the Year' at the Worcestershire Law Society Awards 2025 - a testament to the high-quality, client-centric service that they provide.

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Why choose our Private Client team?

Our Private Client team can provide a comprehensive suite of tailored advice to suit yours and your family’s individual circumstances and specific needs. It’s important to consider everything you can when planning for the future - which our advisers can help with.

Our central location in Worcester makes it easy for you to visit our offices, but we are more than happy to arrange home visits if this is more convenient for you. We can often be found offering free, accessible legal advice at the various clinics that we run in partnership with local communities, such as those in Clent or at Worcester Cathedral.

Our team's accreditations, including STEP membership and Association of Lifetime Lawyers, as well as our recognition as ‘Team of the Year’ at the Worcestershire Law Society Awards, demonstrate our expertise and commitment to excellence. Samantha Lloyd, Head of the Private Client department, was a recipient of the Worcestershire Law Society’s President’s Award in 2022, showcasing her dedication to her work and the community. Recently the team has expanded to include new support staff, which has enhanced the level of service that we can provide to our clients.

SME Solicitors’ ultimate aim is to build a long-standing, trusting relationship with you and your family - both in Private Client matters and beyond. Many of our long-standing clients have been with us for generations, with most of our work coming from existing clients. SME Solicitors is proud to have its foundations in Worcestershire and takes pride in knowing the area well.

Our specialist team of Wills, Probate, Court of Protection, Trusts and Estates experts bring valuable, comprehensive support that is unmatched by many general practitioners. With in-depth knowledge of estate planning, inheritance tax regulations and years of experience handling emotionally sensitive matters, we anticipate potential issues and provide solutions tailored to your unique family circumstances.

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