What is the Court of Protection and when will I need to apply?

The Court of Protection was put in place to help those who no longer have the mental capacity to make their own decisions.

The Court of Protection has the power to:

• decide whether someone has the mental capacity to make a decision for themselves regarding their property matters, financial affairs, health or welfare
• appoint deputies to make decisions for people who lack the capacity to make decisions themselves on an on-going basis
• give people permission to make one-off decisions on behalf of someone else who lacks mental capacity
• handle urgent or emergency applications where a decision must be made on behalf of someone else without delay
• make decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
• decide on applications to make statutory wills or gifts
• make decisions about when someone can be deprived of their liberty under the Mental Capacity Act

When will you need to apply to the Court of Protection?

If you are worried that someone has lost the ability to make their own decisions regarding their property matters, financial affairs, health or welfare, you can apply to the Court of Protection to be appointed as their Deputy and be given permission to make the decisions for them.

As a Deputy, there are various obligations you must follow whilst keeping in mind the guidance in the Mental Capacity Act 2005 Codes of Practice.  In particular you must ensure that you:

• make decisions which are in the person’s best interests
• consider what the person has done in the past when they had capacity
• apply a high standard of care which might mean including other people, such as getting advice from relatives or doctors
• do everything you can to help the person understand the decision
• make sure that your own property and money is separate from the person you are acting as Deputy for
• keep records of the finances you manage on behalf of the person
• prepare an annual report which will include details of any significant decisions you have made

How do you apply to the Court of Protection?

The application process to become a Deputy involves completing several forms that must be submitted to the Court of Protection, together with a professional assessment of mental capacity. There are strict timeframes to adhere to and it is vital that the forms are correctly filled in, otherwise they will rejected by the Court of Protection.

Whilst the application process can be completed by family members or friends, the process can be complex and time consuming and often professional advice is required to ensure that errors are not made.

Contact Us

Rix & Kay’s specialist Later Life Team works closely with family members to manage all aspects of later life care. For more information or an informal chat about how we can help contact Katherine Head e. KatherineHead@rixandkay.co.uk or t. 01825 744434