What is it all about?
The Court of Protection makes decisions on financial and welfare matters for people who are unable to make decisions because they lack the mental capacity to do so. This could be due to a brain injury following an accident, defects from birth or conditions such as Alzheimer’s disease or Dementia.
If a person does not have mental capacity or loses mental capacity, that person will be unable to make a Lasting Power of Attorney, appointing someone to deal with their affairs. In this situation a Deputy is appointed by the Court of Protection to act on that persons behalf.
The Court of Protection works hand in hand with the Office of the Public Guardian to oversee the general management of the affairs of people lacking capacity. Their purpose is to protect vulnerable people and ensure their affairs are properly looked after so that no-one takes advantage of the situation they are in.
What decisions can the Court of Protection make?
The Court of Protection is responsible for making a variety of decisions including:
- Deciding on whether a person has mental capacity
- Who should be appointed to deal with that persons affairs
- What decisions should be made
- Considering applications for a statutory will
- Making decisions about a Lasting Power of Attorney or Enduring Power of Attorney and considering any objections to their registration
- Making one off orders or handling urgent/emergency applications where a decision must be made on behalf of someone else without delay
- Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
We can help!
Here at JAYCON LEGAL SOLICITORS we are specialists in Court of Protection Applications and we can prepare the appropriate documentation and answer any questions that you may have. You can rest assured that you will receive the benefit of our specialist advice and experience.
If you know someone in need of assistance with their financial or personal affairs, please call us to discuss how we can help you. Contact us today.
Free initial consultation available!
