Everything you need to know about the Court of Protection

Everything you need to know about the Court of Protection

Today, we are taking a look at the Court of Protection, the services it provides, and how we can support you in your process of application.


What is the Court of Protection?

The Court of Protection is the court responsible for deciding whether someone has the mental capacity to look after their own affairs. 

In the UK, if an individual has lost their mental capacity and can no longer make decisions relating to their financial, residential or health needs, then a management application must be made on their behalf.

This application of management is usually called an Order of Deputyship and provides a trusted person with the opportunity to take control of another’s financial or welfare needs.

The application process usually happens in three stages, from application to providing evidence and then finalising the needs of the person. The Court also offers emergency applications for cases that need immediate one-off solutions, such as withdrawing money from the person’s bank account to pay outstanding nursing home fees, for example.


What are the issues it can help you with?

The Court of Protection can help with matters such as:

  • deciding whether someone has the mental capacity to make decisions
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • permitting people to make one-off decisions on behalf of someone else
  • handling emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.


How Peter Ross can help

With a majority of cases falling into two categories – the welfare of an individual or property and financial affairs – we are well-versed in dealing with applications quickly and effectively.

We offer a custom service which will assist in you completing all the relevant application forms (see Lasting Powers of Attorney) that the Court of Protection requires, as well as offering full guidance throughout the entire process. 

If you need advice about Lasting Powers of Attorney or Court of Protection matters, get in touch today.

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