What Does the Court of Protection Do?
The Court of Protection ensures that decisions about health, welfare and finances for individuals who lack mental capacity are made lawfully and in their best interests, in line with the Mental Capacity Act 2005.
The Court decides whether someone has mental capacity, appoints Deputies for ongoing decision-making, grants permission for one-off decisions and handles urgent applications. It also resolves disputes about Powers of Attorney, approves statutory wills or gifts and rules on deprivation of liberty cases.
Types of Deputyship
Deputyship falls into two main categories:
- Property and Financial Affairs – Managing bank accounts, paying bills, handling pensions, and selling property.
- Health and Welfare – Making decisions about medical treatment, care arrangements, and where the person lives (less commonly granted).
One person can cover both areas, or different individuals may be appointed.
When Is a Deputyship Application Needed?
You may need to apply if a loved one has lost capacity without a Lasting Power of Attorney, urgent decisions are required, there’s disagreement over who should act, or you need legal authority to manage affairs long-term. Applications usually take 4–6 months, so early legal advice is essential.
Your Role as a Deputy
Being a Deputy is a serious legal responsibility. You must always act in the person’s best interests and follow the five principles of the Mental Capacity Act:
- Presume capacity unless proven otherwise.
- Support decision-making wherever possible.
- Respect unwise decisions.
- Act in best interests.
- Choose the least restrictive option.
In practice, this means involving the individual in decisions, keeping detailed records of all transactions and choices, and submitting annual reports to the Office of the Public Guardian with receipts and supporting documents. Deputies must also manage finances responsibly, avoid conflicts of interest and ensure care arrangements meet the person’s needs.
How Paladin Advocates & Attorneys Can Help
We provide expert support with Deputyship applications, legal advice, and representation in complex cases. Our team can act as a professional Deputy where no suitable person is available, assist with compliance and annual reporting and challenge unlawful deprivation of liberty or inappropriate care arrangements. We also advise on Liberty Protection Safeguards (LPS) and related disputes.
???? Need help with a Court of Protection matter?
Call us on 01822 610303 to speak with our team. We’re here to guide you through every step with clarity, care and legal expertise.