The Court of Protection (CoP) plays a crucial role in safeguarding individuals who lack the mental capacity to make certain decisions for themselves. For Legal Secretaries supporting Solicitors in Court of Protection matters, a grasp of the court’s function, processes, and documentation can make a real difference to client service and efficiency.
The Court of Protection is a specialist court in England and Wales that makes decisions on financial or welfare matters for people who cannot make decisions due to lack of capacity, as defined under the Mental Capacity Act 2005.
Key responsibilities include:
- Deciding whether someone has capacity to make specific decisions
- Appointing a deputy to manage a person’s property, finances, or health and welfare
- Handling urgent or one-off applications, such as authorising medical treatment
- Overseeing applications and objections relating to a lasting power of attorney (LPA) or enduring power of attorney (EPA)
- Determining when it is lawful for someone to be deprived of their liberty under the Mental Capacity Act
The Role of a Legal Secretary
While Solicitors handle the substantive legal matters, Legal Secretaries provide support by:
- Drafting and preparing applications and supporting documents
- Managing deadlines and court dates
- Liaising with medical professionals for capacity assessments
- Communicating with clients and deputies, often at sensitive times
- Maintaining clear and accurate records for ongoing cases
Your organisational skills and attention to detail are vital in Court of Protection matters, where mistakes can delay outcomes or cause unnecessary anxiety for clients and their families.
Practical Tips for Legal Secretaries
- Stay up to date – The Court of Protection Rules and forms are periodically updated
- Be clear in communication – When clients are caring for vulnerable family members, sensitivity and straightforward language go a long way
- Double-check supporting evidence – Missing medical reports or financial statements can cause delays
- Confidentiality is paramount – These cases involve highly personal medical and financial details
- Be proactive – Whether it’s chasing an assessment or preparing documents for court hearings, anticipating the next step helps the whole team
Court of Protection matters often arise in challenging circumstances for families. The court’s role—and by extension, the support provided by your legal team—can directly impact someone’s quality of life. As a Legal Secretary, your contribution ensures the process runs smoothly and compassionately.
