What is the Court of Protection?
When someone is believed not to have the mental capacity to make decisions for themselves, the Court of Protection becomes involved.
The court is responsible for ruling whether someone has the mental capacity to make their own decision at the time it needs to be made in accordance with the Mental Capacity Act 2005. The court also appoints people, known as deputies, to make decisions on an ongoing basis on the behalf of an individual who cannot do it for themselves.
Our solicitors support with all aspects relating to Court of Protection applications, hearings and orders. We act as deputies for many clients.
Court of Protection matters that our solicitors can support with include:
- ruling whether someone is able to make their own decisions
- appointing deputies to make decisions on an ongoing basis on behalf of individuals who cannot do it for themselves
- awarding consent for someone to make a one-off decision on someone else’s behalf
- decisions relating to lasting powers of attorney
- decisions over when someone can be deprived of their liberty/freedom to live without supervision
- deciding upon applications relating to statutory wills or gifts
- removing an attorney or deputy
- disputes over the decisions being made by an attorney or deputy on behalf of someone who does not have capacity to make decisions themselves
- disputes between individuals involved in the care of someone with mental capacity issues, including family, advocates, local authority and healthcare professionals.
How do I apply to the Court of Protection?
The Court of Protection is there for applications to make long term or one-off immediate decisions for someone who lacks capacity to do for themselves.
The decisions may be in relation to:
- Money and property
- Health and welfare
If a decision relates to medical treatment the court will have regard for any living will or advance decision an individual has made.
It may be necessary to check that someone does not already have a power of attorney or deputy in place to make decisions for them. We can help with this.
Court of Protection applications may be necessary when someone lacks mental capacity due to, for example:
- serious brain injury
- dementia
- severe learning disabilities
There are numerous forms to complete in order to make an application to the Court of Protection and evidence may be needed too, such as from a doctor.
The court is equipped to deal with applications and make decisions quickly in emergency situations such as when someone is at risk of harm or there is an immediate medical decision to make.
Our specialist solicitors can help with all kinds of Court of Protection applications. Do get in touch for advice.
