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What is the Court of Protection?


The Court of Protection is a superior Court created under the Mental Capacity Act 2005.  It is primarily based in London, but some cases can be transferred to local Courts for hearings.  It has special powers to make decisions in relation to financial affairs and personal welfare issues of a person who lacks the mental capacity to make decisions for themselves.

When are Court of Protection needed?

The Court of Protection is needed to carry out the powers granted under the Mental Capacity Act 2005, to protect and safeguard a vulnerable person who needs help to make decisions, in their best interests, when they are unable to make decisions themselves due to mental incapacity.

What do The Court of Protection do & what decisions can they make?

The Court of Protection makes decisions for people who are unable to themselves, due to mental incapacity, on issues regarding their finances or welfare.

The Court is responsible for deciding whether a person lacks mental capacity and whether a Deputy should be appointed to make ongoing decisions, as the lack of capacity is going to be a long-term issue.    The Court can give permission for a person to make a one-off decision for a person who is lacking capacity in the short term.  They can also make decisions about when a person is to be deprived of their liberty to get treatment or help and about statutory wills and gifts.  They can even make decisions on Enduring Powers of Attorney and Lasting Powers of Attorney, especially if there are objections raised.


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