About The Court of Protection
The Court of Protection was set up to decide on legal applications involving people who lack the mental capacity to make decisions for themselves.
Cases going before the court can involve:
- dementia sufferers (often elderly people) who are no longer able to take decisions on issues such as hospital treatment, their long term care and day-to-day financial matters such as paying household bills
- people born with reduced mental capacity
- accident victims who have suffered reduced capacity due to severe head and brain injuries - this often involves setting up and administering Personal Injury Trusts
- victims of crime who have sustained head injuries that reduce their mental capacity - this can also involve trusts.
- The Court of Protection is based in High Holborn, London. It is usually associated with cases involving someone’s personal welfare and also powers of attorney. The court appoints deputies to look after a person’s finances and welfare.
But the court can also hear matters relating to deprivation of liberty, making a statutory will or gift, selling a property that is in joint ownership.
In all these cases, the common factor is that the person concerned has reduced mental capacity. The court is often asked to rule whether the person concerned is still capable of making decisions and - if not - who can legally take decisions on their behalf.
Cases can be brought before the court to protect a vulnerable person from the actions of a third party who may be seeking to exploit them. It ensures that attorneys and deputies are acting appropriately.
Protection Under The Mental Capacity Act 2005
The Court of Protection was set up following the Mental Capacity Act 2005. There are five main principles of the Act:
- A person must be assumed to be capable of making decisions unless proven otherwise.
- They cannot be treated as unable to make a decision unless all practical steps to help them do so have been unsuccessful.
- Making an unwise decision does not mean someone is incapable of making a decision.
- Decisions made on behalf of the person under the Act must be in their best interests.
- Before the decision is made on their behalf, there must have been proper consideration of other less restrictive options.
Get Expert Legal Advice
Coles Miller’s specialist Power of Attorney solicitors can help you apply to the court.
Our solicitors provide expert legal advice on all aspects of the process including forms (such as COP1 and COP24), rules, fees, costs and deputyships.
To help make the process easier and more convenient for you, we can visit you at home or even in hospital.
For more details, click the Make An Enquiry or Request A Call Back section to the right or click Contact Us for details of our local offices.
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