Court of Protection
What the Court of Protection Does
The Court of Protection is a specialist court in England and Wales that makes decisions for people who lack the mental capacity to make certain decisions for themselves.
Its role is to protect vulnerable individuals and ensure that important decisions relating to finances, property, healthcare and welfare are made lawfully and in their best interests.
Many people only become aware of the Court of Protection when a loved one loses mental capacity without having made a Lasting Power of Attorney (LPA).
What Does the Court of Protection Do?
The Court of Protection can make decisions about:
- Property and financial affairs.
- Personal welfare.
- Deputyship applications.
- Disputes relating to LPAs.
- Mental capacity issues.
- Serious medical treatment in certain circumstances.
The court applies the principles of the Mental Capacity Act 2005 when making decisions.
When Does the Court Become Involved?
The Court of Protection may become involved if:
- Someone has lost mental capacity.
- No valid LPA exists.
- Family members disagree about important decisions.
- There are concerns about an attorney’s actions.
- A deputy needs to be appointed.
- A complex legal issue requires judicial determination.
What Is a Deputy?
A deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks mental capacity.
There are generally two main types:
Property and Financial Affairs Deputy
May deal with:
- Bank accounts.
- Property.
- Investments.
- Bills.
- Financial management.
Personal Welfare Deputy
These appointments are less common and are generally made only where ongoing welfare decisions require court involvement.
Deputyship vs Lasting Power of Attorney
There are important differences:
| Lasting Power of Attorney | Deputyship |
|---|---|
| Chosen by you while you have capacity | Appointed by the Court |
| Usually quicker to use once registered | Requires a court application |
| Greater personal choice | Court decides who is appointed |
| Often less costly overall | Can involve ongoing court supervision |
Planning ahead with an LPA may avoid the need for deputyship altogether.
Can Decisions Be Challenged?
Yes. The Court of Protection can hear disputes involving:
- Attorneys.
- Deputies.
- Family members.
- Healthcare decisions.
- Financial management.
Specialist legal advice is often recommended in contested cases.
Why Professional Advice Helps
Applications to the Court of Protection can be complex.
A solicitor can assist with:
- Deputyship applications.
- LPA disputes.
- Mental capacity issues.
- Court applications.
- Representation at hearings.
- Ongoing compliance.
Compare Court of Protection Solicitors Near You
Find a Funeral helps you compare experienced Court of Protection solicitors who can advise on deputyship applications, mental capacity issues, LPA disputes and related legal matters.
Often not. A valid registered LPA may allow your attorney to act without a deputyship application, depending on the circumstances.
Without legal authority, relatives cannot usually deal with another person’s finances simply because they are family members.
No. An LPA is chosen by the individual while they have capacity. Deputyship is granted by the Court after capacity has been lost.