Wills & Probate

Court of Protection

The Court of Protection is a Court with responsibility for looking after the affairs of people who lack mental capacity for whatever reason.

If someone close to you suffers from a mental incapacity, you can ask the Court to appoint you as their Deputy and authorise you to look after their financial affairs on their behalf. A Deputy may also be appointed or removed by the Court

The Court can decide whether a person has capacity to make a particular decision for themselves. It can be asked to make decisions for people who lack the necessary capacity; this may include approving the terms of new Will. It can make decisions about specific assets; for example, about the sale of a house.

Issues over the validity or registration of an Enduring Power of Attorney or a Lasting Power of Attorney are determined by the Court.

The Court can also make health and welfare decisions in some circumstances

If you think it may be necessary to make an application to the Court of Protection we recommend that you seek our advice first.

It is very desirable that people make Lasting Powers of Attorney while they still have the mental capacity to do so; in that way they can then avoid the need for their affairs to be dealt with by the Court of Protection as will have to be the case if they lose mental capacity without having made a Lasting Power of Attorney. Applications to the Court can be expensive and a source of great anxiety to family members.

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