The Court of Protection was established to protect the best interests of individuals who lack mental capacity.
The Court of Protection makes decisions about those who lack capacity to decide for themselves (such as where they should live and how they should receive their treatment) by applying the principles laid out in the Mental Capacity Act 2005.
The Court of Protection has the power to:
- Decide if your loved one has the mental capacity to make financial or welfare decisions for themselves
- Appoint deputies who can make ongoing decisions for your vulnerable loved one
- Give you permission to make a one-off decision for your vulnerable loved one
- Handle emergency applications when you require an urgent decision to be made on your vulnerable loved one’s behalf, within a short deadline
- Make decisions about a lasting power of attorney or enduring power of attorney and consider any doubts about their registration
- Decide on applications for making statutory wills or gifts
- Make decisions about when your vulnerable loved one can be deprived of their liberty under the Mental Capacity Act.
The Court of Protection applications for the appointment of a Deputy can take four to six months.
Our expert team at Paladin Advocates & Attorneys specialise in a wide range of Court of Protection matters and have acted in a number of important cases involving the rights of a person lacking capacity to make a decision for themselves. Our Court of Protection matters have included:
- Challenging public bodies when a person has been deprived of their liberty without the necessary authority (Liberty Protection Safeguards 2022);
- Acting as a Litigation Friend for the incapacitated person when their movements have been severely restricted and;
- Challenging the unlawful removal of an incapacitated person from their home.
Should you need any advice or assistance in relation to a Court of Protection matter, our team are more than happy to talk this through with you and discuss your requirements.