What is the Court of Protection?

The Court of Protection makes decisions on behalf of those people who do not have the ability or the mental capacity to make a decision. Any decisions made by the Court of Protection need to be in the best interests of the person without capacity, who should be at the heart of the decision.

What sort of decisions does the Court of Protection make?

The types of decisions the court is concerned with are divided into two categories, these are:

Property and Finances

E.g – Appointing a deputy to deal with the day to day financial affairs of someone who lacks capacity to deal with things themselves, or perhaps removing a deputy who has proven to be an unsuitable person to act in that role.

Health and Welfare

E.g – This could include decisions about where the incapacitated person should receive care, contact and access (in relation to family and friends) and medical treatment decisions.

We have an experienced team who can assist in making applications to the court in relation to both categories. It is worth noting that the Court of Protection are reluctant to grant generic health and welfare orders but certainly will consider making one off orders in relation to a particular issue affecting the person. It is best to contact us to discuss your specific concerns.