One of the things we hear most often from families in Hendon is a variation of the same belief:
“If my relative can’t manage their finances anymore, the Court of Protection will automatically take over.”
It’s an understandable assumption — the name itself sounds formal and distant — but it isn’t how the system works. The Court doesn’t step in unless someone applies, and even then, its role is more about oversight than control. Most decisions are made by the people closest to the individual, provided they’re acting in that person’s best interests.
Once families realise this, the whole process feels far less intimidating. Our job is to help you understand what the Court actually does, what it doesn’t do, and how to navigate the steps in between.
Gillhams has been advising clients for many decades, and our Court of Protection team includes an OPG‑appointed Panel Deputy, one of the few in London. That experience means we’re used to guiding families through situations that feel unfamiliar, complicated, or emotionally heavy.
What the Court of Protection Really Decides — and What It Doesn’t
A lot of confusion comes from the idea that the Court “takes over” someone’s life. In reality, the Court only becomes involved when a specific decision needs legal authority — usually around money, property, or safeguarding.
Here’s what the Court typically does:
- authorises decisions that a person can’t make themselves
- appoints someone (a Deputy) to manage finances
- approves Statutory Wills
- steps in when there’s a dispute or risk of harm
And here’s what it doesn’t do:
- monitor day‑to‑day spending
- replace family involvement
- make every decision on someone’s behalf
Once families in Hendon understand this distinction, the process feels far more manageable.
If you want a broader overview of our Court of Protection work, you can read more here:
When a Deputyship Becomes Necessary
Another misconception we often hear is that a Power of Attorney can be created after someone loses capacity. Unfortunately, it can’t — and this is usually the moment when families realise a Deputyship application is needed.
A Deputyship is appropriate when:
- someone can no longer manage their financial affairs
- there’s no valid Power of Attorney in place
- important decisions need to be made regularly
The application process is detailed, and the Court expects clear evidence and careful reasoning. We help families in Hendon prepare the paperwork, gather the medical assessments, and understand what the role involves in practice.
Because we act as professional Deputies ourselves, we can explain the realities — the record‑keeping, the reporting, and the everyday decisions that come with the role.
Statutory Wills: When the Usual Rules Don’t Apply
A Will normally reflects someone’s wishes. But when a person no longer has capacity, the Court may need to approve a Statutory Will to ensure their estate is handled fairly.
Families in Hendon often ask:
- “How does the Court decide what’s in someone’s best interests?”
- “What happens if relatives disagree?”
- “Does the Court follow the same rules as a normal Will?”
These applications require careful preparation and a clear explanation of why the proposed Will is appropriate. We guide you through the process, from gathering background information to presenting the case to the Court.
Spotting Financial Abuse — and Acting Quickly
Financial abuse is something people rarely expect to encounter, especially in close‑knit communities like Hendon. But it can happen quietly: unusual withdrawals, sudden involvement from a new acquaintance, or unexplained changes in spending.
When families contact us with concerns, the first priority is always safety — both financial and personal. We help you:
- identify what might be happening
- take urgent steps to protect assets
- involve the Office of the Public Guardian where necessary
- apply for emergency orders if the situation requires it
Our experience as Panel Deputies means we’re used to dealing with these situations sensitively and decisively.
Why Hendon Families Turn to Gillhams
People often tell us they appreciate the way we explain things — plainly, without jargon, and without making assumptions about what they “should” already know. Capacity issues are emotional, and the legal process can feel overwhelming. Our role is to bring clarity, structure, and reassurance.
What clients value most:
- our long history as a private client firm
- our rare Panel Deputy appointment
- our Lexcel‑accredited standards
- our practical, steady approach
- our commitment to honest, realistic advice
You can read more about our background here.
Working With Families Across Hendon
Hendon is a varied area — from the busy stretch around Brent Street to the quieter residential pockets near Sunny Hill Park. We work with families across the whole community, whether you prefer to meet in person or handle everything remotely.
If You’re Unsure What to Do Next, We Can Help
If you’re trying to work out whether the Court of Protection needs to be involved — or what your options are — a short conversation can make things much clearer. We’re here to help you understand the situation and decide on the next step.
