Family ยท Court of Protection
Court of Protection barristers, instructed directly.
When someone cannot make decisions for themselves, the Court of Protection steps in. A barrister can advise families and represent them in those proceedings.
At a glance
Deputyship
Applications to manage a person's finances or welfare.
Capacity and best interests
Assessing capacity and what is in a person's best interests.
Family disputes
Disagreements over the care or finances of a loved one.
The Court of Protection makes decisions for people who lack the mental capacity to make them for themselves, about their finances, their health and their welfare. A barrister can advise on deputyship and lasting powers of attorney, capacity assessments, best interests decisions, and disputes between family members or with public authorities.
A barrister will explain the legal test for capacity, the court's powers, and the likely outcome, and can represent you at hearings. Through Direct Access you can instruct a barrister directly, without going through a solicitor first.
Barristers are regulated by the Bar Standards Board.
Through Direct Access you can instruct a court of protection barrister directly, without going through a solicitor first. Barristers are regulated by the Bar Standards Board (BSB).
When to bring in a barrister
A relative can no longer manage their own affairs
You need to apply to be a deputy, or to challenge one
There is a dispute with a local authority over care or residence
Frequently asked questions
Can I instruct a Court of Protection barrister directly?
Yes. Through Direct Access a barrister can advise you and represent you in the Court of Protection, without going through a solicitor first.
What is the difference between a deputy and an attorney?
An attorney is appointed in advance under a lasting power of attorney; a deputy is appointed by the court when no valid power exists. A barrister can advise which applies.
How are fees handled?
Barristers can often agree a fixed fee for advice or a hearing. There is no charge to enquire.
Related areas of law
Speak to a court of protection barrister
Tell us about your matter. There is no charge to enquire.