Apply to the Court of Protection
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Court of Protection
The Court of Protection make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
They are responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
The Court of Protection are based in London and most cases are heard by district judges and a senior judge but can sometimes be heard by High Court judges.
Applying to the Court of Protection is a multi-application process, with an average of 9 multi-page forms requiring completing. Getting it wrong can also mean additional costs are incurred. Remove the hassle and get it right first time with a professional service.