The Court of Protection is a specialist Court responsible for protecting the best interests of vulnerable people who lack capacity.
A person may lack mental capacity for a myriad of reasons such as being involved in an accident causing neurological damage or contracting an illness which leads to mental incapacity such as Alzheimers or Dementia. The Mental Capacity Act 2005 gives the Court of Protection jurisdiction to make orders about personal welfare as well as property and finances for people who lack capacity to make decisions about themselves or others.
The Mental Capacity Act 2005 sets out clear principles which must be followed by everyone involved in the management of the welfare, property and finances of anyone who lacks mental capacity. If a person loses mental capacity to look after their personal affairs and has not taken the precaution of preparing a Lasting Power of Attorney when they had capacity to do so the Court of Protection can appoint a Deputy to look after their affairs. The Deputy must at all times act in the person’s best interests in accordance with the principles set out in the Mental Capacity Act 2005.
The Court of Protection will make decisions concerning the management of a person’s welfare as well as their property and finances including decisions about social care, residence, appointment or removal of deputies or attorney, and medical treatment.
If you are concerned about your ability or the ability of a member of your family or loved one to make decisions concerning the management of their welfare we can advise on:-
- Lasting Power of Attorney (Heath/Welfare and Property/Financial Affairs)
- Disputes regarding Lasting Powers of Attorney
- Appointment of a Deputy to make decisions
- Removal of Attorneys or Deputies
- Deprivation of Liberty
- Applications to the Court of Protection
- Judicial Review
- Care and treatment issues in hospital and the community
- End of life withdrawal of medical treatment