We have a team of Court of Protection solicitors who can assist with a range of issues, from deputyship applications to attorney disputes. You can call our free legal helpline on 0808 139 1606 or email us. Alternatively, why not visit our dedicated Court of Protection website which contains more in-depth information about this specialist area of law.
What is the Court of Protection?
The Court of Protection makes decisions on financial and welfare matters for people who cannot make decisions themselves. The powers of the court are incredibly wide-ranging. For example, the court can deal with the following:
- The appointment a deputy (see below);
- Decisions in respect of a Lasting Power of Attorney or Enduring Power of Attorney, including their validity and any objections to their registration;
- The removal an attorney; and
- Decisions about someone’s welfare and financial affairs.
Principles of the Mental Capacity Act 2005
The Court of Protection was established by the Mental Capacity Act 2005. The Mental Capacity Act enshrines the principles which are of the upmost relevance to the Court of Protection:
- A person must be assumed to have capacity unless it is established that they lack capacity;
- A person is not be treated as unable to make a decision unless all practicable steps to help them do so have been without success;
- A person is not to be treated as unable to make a decision merely because they makes an unwise decision;
- An act done, or decision made, for or on behalf of a person who lacks capacity must be done in their best interests; and
- Before the act is done, or decision is made, regard must be had to whether the purpose for which it is needed can effectively achieved in a way that is less restrictive of the person’s rights and freedom of actions.
Capacity is decision specific. For example, someone may have the capacity to decide where they want to live but may not have the capacity to manage their financial affairs. The court will often require medical evidence when considering an application.
Office of the Public Guardian
The Court of Protection is different from the Office of the Public Guardian, which is an executive agency. For example, while the Court of Protection will appoint a deputy, it is the Office of the Public Guardian which will handle the ongoing supervision. However, the two institutions work closely together and are both primarily concerned with protecting vulnerable people.
Getting help from our Court of Protection solicitors
We can assist with a wide range of Court of Protection matters, ranging from deputyship applications to attorney disputes. If you have any queries, please do not hesitate to contact us on on 0808 139 1606 or send an email to us at [email protected]