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Court of Protection Services

How our Court of Protection Services can help

The present Court of Protection was created under the Mental Capacity Act 2005 (the MCA).

It is a special court with powers to deal with matters relating to people with mental incapacity.

The court makes decisions concerning property and financial affairs and issues relating to health and welfare. Most of its work involves resolving complex matters that it has not been possible to resolve in any other way, including some cases involving long-term care and decisions about the management of financial affairs.

We can help you assess whether you need to apply to the Court of Protection for authority to act on behalf of a mentally incapacitated person and if so what type of order(s) are required.

What Powers Does the Court of Protection Have?

The Court of Protection can make declarations about a person’s mental capacity to make a particular decision. It has powers to make decisions about important health care and medical treatment issues and property and finance matters for people who do not have the capacity to make those decisions for themselves.
The court also has power to appoint Deputies and give them authority to make decisions on behalf of mentally incapacitated persons.

The Court of Protection also has authority with regard to Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA), including deciding if an attorney is acting inappropriately and should be removed. Over the last few years the Court has made numerous decisions that have wide and long-term implications both for the individuals concerned and the public at large.

We can help you if you are an attorney or deputy who is being investigated by the Office of the Public Guardian.

Who uses our Court of Protection Services?

The procedures and legal issues involved in matters that come under the jurisdiction of the Court of Protection can be very complex and require in-depth knowledge.

Clients who use our Court of Protection Services include:

  • Attorneys appointed under Lasting or Enduring Powers of Attorney
  • Court appointed Deputies
  • Relatives of adults with dementia or other brain impairment
  • People whose mental capacity has restored or been wrongly assessed
  • care agencies

What Court of Protection Services do we offer?

We can assist with applications for:

  • appointment of Deputies
  • orders for the sale of an incapacitated person’s property
  • removal of a deputy or LPA/EPA attorney
  • permission to make gifts on behalf of an incapacitate person
  • best interests decisions
  • statutory Wills

Call us for a without obligation discussion in confidence.

Speak to a specialist Court of Protection solicitor on 0115 7722129.