Court of Protection

The Court of Protection is a specialist court dealing with financial and welfare matters for people lacking mental capacity to make decisions themselves. It makes decisions on behalf of people lacking capacity, appoints deputies to make ongoing decisions, and supervises deputies.

The court operates under the Mental Capacity Act 2005 applying best interests principles. It can make orders about property and financial affairs, health and welfare, Statutory Wills, and many other bespoke decisions. The court’s paramount consideration is the person’s best interests considering their wishes and feelings where possible.

Deputyship is needed when someone lacks mental capacity to manage their affairs and has no Lasting Power of Attorney. Without an LPA or deputyship, family members can’t access bank accounts, sell property, or make financial decisions on behalf of people lacking capacity.

Property and affairs deputies manage finances and property. Health and welfare deputies make care and medical decisions, though these are less common. Deputyship involves ongoing court supervision and annual reporting requirements. It’s more restrictive and expensive than Lasting Powers of Attorney.

Timescales for deputyship applications depend on the complexity of the case and court processing times. Complex cases involving disputes or detailed asset investigations take longer. The court must be satisfied the person lacks capacity, deputyship is necessary, and the proposed deputy is suitable.

Applications require medical evidence of incapacity, details of assets and income, and statements from proposed deputies. The Office of the Public Guardian (OPG) assesses applications and can request additional information. Once appointed, deputies must register with the OPG and comply with ongoing supervision requirements.

Deputies must act in the person’s best interests at all times, following the five principles outlined in the Mental Capacity Act and the deputy standards outlined by the Office of the Public Guardian. Property and affairs deputies manage finances prudently, keep money separate from their own, keep detailed accounts, and submit annual reports to the Office of the Public Guardian.

Deputies must apply to court for permission before making gifts, large purchases, or major decisions. They can’t change the person’s Will or make decisions outside their authority. Deputies who breach duties face removal and personal liability. The OPG investigates complaints and supervises deputies.

A Statutory Will is a Will made by court order for someone lacking capacity to make a Will themselves. The court can authorise Wills if satisfied the person lacks testamentary capacity and a Will is in their best interests.

Applications require medical evidence of incapacity and details of the proposed Will provisions. The court considers what the person would have wanted, their past wishes, family circumstances, and tax implications. Statutory Wills are useful for people who never made a Will before losing capacity or whose circumstances changed significantly after capacity loss. It is common for the Official Solicitor to be instructed.

Yes, the court makes health and welfare decisions for people lacking capacity including care home placement, medical treatment, contact with family, and where someone should live. These applications are made when disputes arise or decisions are particularly serious.

Life-sustaining treatment decisions and serious medical procedures often require court approval. The court appoints independent experts and Official Solicitor representation for the person lacking capacity. Health and welfare cases are sensitive and complex, requiring detailed evidence about best interests.

Court of Protection applications are expensive. Deputyship application costs depend on the complexity of the case and include legal fees, court fees, and expert medical evidence. Contact us for a tailored estimate. Complex cases or disputed applications cost more.

Ongoing deputyship costs include annual supervision fees payable to the Office of the Public Guardian plus accountancy and legal fees for annual reports. Costs can often be paid from the person’s estate subject to court approval.