What Does the Court of Protection Do?
- 06.03.2023
- EmmaArnold
- Court-of-Protection
What Does the Court of Protection Do?
The Court of Protection is a court that is responsible for making decisions regarding the financial and other affairs of an individual who lacks capacity to make the decision for themselves.
If you are assessed as lacking capacity to make decisions for yourself, the Court of Protection can issue a Court Order which appoints a Deputy to make decisions on that person’s behalf.
The Court often appoints a solicitor of a professional Trust Corporation to act as Deputy. The appointed Deputy then acts on behalf of the person who lacks mental capacity, making decisions in their best interests subject to the authority provided in the Order.
Read on to find out more on what the Court of Protection does.
What does the Court of Protection do, and what is its role?
The Court of Protection is a court which protects the most vulnerable members of society to ensure that their property and affairs are managed on their behalf, where they lack the capacity required to make decisions for themselves. This could be due to a brain injury, learning difficulties or a illnesses such as dementia.
Additionally, the Court of Protection can also be used to approve a will for someone who lacks testamentary capacity.
What is a Court of Protection Deputy?
A Court of Protection Deputy is the person who is appointed by a Court Order to make decisions on behalf of the individual who lacks capacity to make the decision for themselves.
To act as someone’s deputy you need to apply to the Court of Protection using the relevant forms and following the application process as set out in the Court rules.
A deputy has to act in the best interests of the protected party at all times and has standards which must be followed including filing annual reports each year to the Office of the Public Guardian (OPG)
How can a solicitor help with the Court of Protection?
It is a good idea to take advice from an experienced, specialist solicitor if you are going submit any applications to the Court of Protection. They can help ensure you follow the correct process and obtain all relevant information the Court will need to consider the application.
Contact us
At Potter Rees Dolan, we have many expert solicitors who have years of experience in dealing with the Court of Protection, including dealing with all applications required and acting as professional Deputies for hundreds of vulnerable members of society.
Speak to a member of our Court of Protection team today by calling us on 0800 027 2557.