The Court of Protection is a specialist court which deals with protecting the rights of vulnerable people. If decisions need to be made about a person who is incapable of making his/her own decision then, (unless the person has made a Lasting Power of Attorney), an application may need to be made to the Court of Protection.
Sometimes the Court will make the decision itself or the Court may appoint a person (known as a ‘Deputy’) to make decisions on the person’s behalf.
The Court of Protection appoints Deputies to make decisions on behalf of a person who lacks capacity. A person may lack the capacity to make their own decisions for reasons including a physical or mental illness, a learning disability, a stroke or a brain injury following an accident.
Generally, the Court has a wide range of powers which allows them to make decisions about:
- Whether a person has capacity to make a particular decision
- Whether an action is in a person’s best interests
- Whether a person is being deprived of their liberty
- The validity of lasting and enduring powers of attorney
- The appointment of deputies
- The removal of deputies or attorneys