What is Court of Protection?

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
Kate Kendall
Kate KendallChartered Legal Executive
0800 0315413
kk@alexandergrace-law.co.uk

Easing the pressure of court applications

If you have a relative or friend who has become incapable of making decisions and incapable of managing his/her own affairs then you may need to make an application to the Court of Protection to be appointed as that person’s Deputy.  You may apply to manage the person’s property and finances and/or to make their health and welfare decisions.

The application involves obtaining medical evidence about the person’s mental capacity. If you are applying to manage the person’s property and finances then the application also involves providing as much information as possible about these matters. The Court will then aim to issue an Order within 21 weeks of the application being stamped.

If you are appointed as the Deputy then you may have to complete an annual report to the Court. The Court will allow the appointment of several Deputies but do not encourage appointments of more than three individuals.

Here at Alexander Grace Law we can help you with making applications to the Court and completing the annual report. 

Speak to one of our specialists