The Court of Protection (“the Court”) was established by the Mental Capacity Act 2005 (“the Act”) and is a superior court of record.
- decides whether a person has capacity to make a particular decision;
- makes declarations, decisions and orders on financial and welfare matters affecting people who lack capacity;
- appoints Deputies to make decisions for people who lack capacity and who are unable to make decisions themselves;
- removes Deputies or Attorneys, if required to do so; and
- decides whether an Enduring Power of Attorney (EPA)/Lasting Power of Attorney (LPA) is valid.
The Court will be asked to make decisions in situations where there is no valid EPA or LPA, or when an EPA/LPA does not give authority to make a particular decision (for example with regard to gifting or investment).
The most common type of Court of Protection application is one where a person has lost the mental capacity to deal with their property and financial affairs themselves and their mental condition is such that they are not able to appoint an Attorney to help them.
It is sometimes necessary to apply to the Court of Protection for an Order relating to someone’s affairs when that person is unable to manage these for themselves.
Our Court of Protection Experts are experienced in dealing with applications to the Court of Protection and are able to assist you and make the process as “pain free” as possible. Contact us today to discuss any queries you have.