Court of Protection
The Court of Protection is a special Court responsible for making making decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made because they ‘lack mental capacity’.
If your loved one has not created a valid legal document before losing capacity, then it may well be that your only option is a Court of Protection application in order to be granted the authority for you to be able to act on their behalf.
The Court of Protection’s remit is to give ‘directions’ and issue ‘orders’ for third parties to undertake specific actions or decisions for a person who has lost capacity and who is unable to make those decisions for themselves.
Responsibilities of The Court of Protection
- Deciding if someone has the mental capacity to make decisions for themselves
- Appointing deputies to make ongoing decisions for people who lack mental capacity
- Giving permission for others to make one-off decisions on behalf of someone else who lacks mental capacity
- Handling urgent or emergency applications where a decision must be made without delay, for example, i.e. withdrawal of life support
- Making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- Considering applications to make statutory wills or gifts
- Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
