The Court of Protection
The Court of Protection is a specialist court for all issues relating to people who lack capacity to make specific decisions. The Court makes decisions and appoints deputies to make decisions in the best interests of those who lack capacity to do so. These decisions are for issues involving the person’s property, financial affairs, health and personal welfare.
The Court of Protection can:
- decide whether a person is able (‘has capacity’) to make a particular decision for themselves
- make decisions on financial or welfare matters on behalf of people who are unable to do so
- appoint a deputy to act for someone who is unable to make their own decisions
- remove deputies or attorneys who fail to carry out their duties
- decide whether a Lasting or Enduring Power of Attorney is valid
- hear cases concerning objections to the registration of a Lasting Power of Attorney or Enduring Power of Attorney
There are a number of reasons why you might need to apply to the Court of Protection. You might want to:
1. ask the court to make a decision about someone’s property and financial affairs or their health and welfare
2. apply to be made a deputy for someone
3. make a will on behalf of someone
4. object to the registration of a power of attorney
The work of the Court is governed by the Court of Protection Rules and Practice Directions.