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Court of Protection

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Author

Adrian Denson

Chief Legal Officer

Last Updated

15th July 2026

If you’re caring for a loved one who is unable to manage their own property or finances after a serious injury, support is available through our connected team.

Can I seek support through the Court of Protection?

Across the Fletchers group, we are connected with Court of Protection specialists, EMG Solicitors – part of the wider Fletchers group. The team includes leading professional, Kate Edwards, who is recognised as one of the country’s experts in Court of Protection work. Her team has supported people affected by serious injury for many years, with a calm and compassionate approach.

If you or a loved one has suffered a serious personal injury or medical negligence incident, you may be able seek support through the Court of Protection. A team of specialist solicitors at EMG Solicitors, who form part of the wider Fletchers group, can guide you through this, and can help manage the property and financial affairs for anyone who lacks the capacity to make these decisions themselves – specifically due to a brain injury following a serious injury or medical negligence experience.

The team work alongside our personal injury and medical negligence specialists, so if a court of protection application or deputyship forms part of your wider personal injury claim, it means you can access wider, holistic support, through one connected service.

What does Court of Protection mean?

  • The court of protection is set up by the government to protect people who can't make decisions for themselves due to a lack of mental capacity.

  • It can appoint a deputy to make decisions on someone's behalf, covering property and finances or personal welfare.

  • It's also responsible for decisions relating to lasting power of attorney.

Kate Edwards

Praise for the team:

“The practice is distinguished by its dedicated team, led by experts like Kate Edwards, renowned for her expertise in Court of Protection and personal injury trust matters.”

Legal 500

Injury types that often require Court of Protection support

Why specialist support matters for Court of Protection cases

Court of protection cases often follow a brain injury or serious illness, so they need a team who understands both the legal process and the realities of caring for someone in this position. Generic advice doesn’t account for the financial pressure, the emotional toll, or the connection to an ongoing injury claim.

In this service, you can expect:

  • A dedicated specialist solicitor assigned to your case from day one
  • Regular updates so you always know where things stand
  • Compassionate support that goes beyond the legal process
  • Rated excellent on Trustpilot by the people we’ve helped

Support through Court of Protection matters

The Court of Protection specialists across the Fletchers group, don’t handle applications in isolation. This is a connected service which forms part of the wider Fletchers group – supporting people with serious injuries which mean they now needs help managing their affairs. This means your deputyship application and your compensation claim are handled by people working together, not separately.

  • A dedicated private client solicitor to guide you through the deputyship process
  • Clear explanations of your options for lasting power of attorney
  • Support managing property, financial affairs and personal injury trusts
  • Close coordination with your personal injury or medical negligence legal team
The practice is distinguished by its dedicated team, led by experts like Kate Edwards, renowned for her expertise in Court of Protection and personal injury trust matters.
Legal 500
You can't see a way forward, you're too close to it all. Fletchers steps in and helps you with the legal side of it and the Court of Protection side of it.
Paul & family

The experts behind your Court of Protection matter

Court of protection cases are rarely just about the legal process. They’re about making sure your loved one is properly looked after once they can no longer manage their own affairs. The team across the Fletchers group works closely with personal injury and medical negligence specialists, independent financial advisors and other experts to put the right support in place. They’ll explain your options clearly, manage the practical details, and make sure your loved one’s settlement and future are protected.

FAQs about Court of Protection

What is the Court of Protection?

The court of protection is a specialist court that protects people who can’t make decisions for themselves due to a lack of mental capacity. Mental capacity is defined under the Mental Capacity Act 2005. The court can appoint a deputy to make decisions on someone’s behalf and is also responsible for decisions around lasting power of attorney.

What does a Court of Protection deputy do?

There are two types of deputy. A property and financial affairs deputy handles financial matters, including paying bills, managing benefits and managing personal injury awards. A personal welfare deputy makes decisions around medical treatment and care. A deputy is often a family member or close friend, though you must be over 18 to apply, and it’s possible to have more than one deputy for the same person.

Do you handle Court of Protection applications directly?

Across the Fletchers group, we are connected with a team of experts who will handle Court of Protection matters on your behalf. The team supports clients through the Court of Protection process as part of the wider support offered by the group, particularly where a loved one has lost capacity due to a brain injury, serious injury or medical negligence. They will work alongside Fletchers’ personal injury and medical negligence specialists, so if you’re already working with Fletchers on a claim, your deputyship support is handled by a connected team.

What's the difference between a deputyship and a lasting power of attorney?

A lasting power of attorney (LPA) is set up while someone still has mental capacity, allowing them to choose who makes decisions for them in future. A deputyship is different. It’s applied for after someone has already lost capacity, and the court of protection appoints the deputy. Both can cover financial affairs, personal welfare, or both.

Can a professional act as a deputy?

Yes. If there’s no one suitable to take on the role, or you’d prefer not to, you can appoint a professional deputy. Our private client solicitors can act in this capacity, drawing on extensive experience in serious brain injury cases to protect your loved one’s interests.

Could a Court of Protection deputyship affect benefits or a personal injury settlement?

It can do, depending on how funds are managed. This is one of the reasons many of our clients also set up a personal injury trust, which helps keep a settlement ring-fenced from means-tested benefits. Our private client team can talk you through whether this applies to your situation.

As part of your legal case, your case handler will connect with the Court of Protection specialists across the Group, and signpost your case for specialist support if it is needed. If seeking an application to the Court of Protection is the right option for you, you will be carefully guided through the process with care, expertise and compassion.

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