Powers of Attorney > Court of Protection

If you are worried about your ability to manage your own affairs, or you have found yourself in a situation where you are required to manage someone else’s affairs or are concerned about their ability to do so, it can be extremely daunting. In these situations, it is important to seek legal advice.

The Court of Protection is a specialist court that is responsible for making decisions in relation to the management of finances, property, and welfare of those who lack the mental capacity to make decisions themselves.

At Deborah Wilkinson & Co. we can help our clients make arrangements in a sensitive and understanding way to make these difficult decisions as straight-forward as possible.

Please feel free to contact us if you have any questions about this process.

What is the Court of Protection?

The Court of Protection is a special court which makes decisions on financial or welfare matters for people who cannot make decisions at the time they need to be made. This might be relevant for a child who has lacked mental capacity from birth, or for an elderly parent who has lost capacity by reason of a degenerative illness, or for a relative who has suddenly lost capacity by virtue of a trauma or accident.

Appointing a Deputy.

The Court of Protection can appoint a Deputy to make ongoing decisions and help manage the affairs of such a person. Family members, or a friend, or anybody with an interest in the person who lacks capacity can apply to the Court to be appointed as Deputy (provided they are aged over 18 and have not been declared bankrupt). Additionally, we can act as Deputy if there’s nobody else who volunteers, and we can also advise and support a family member or friend who wishes to be appointed.

What are the responsibilities of the Court of Protection?

The Court of Protection also has responsibility for deciding whether a person has the necessary mental capacity to make a particular decision for themselves. It can also give a person permission to make one-off decisions on behalf of somebody who lacks mental capacity. It also handles urgent applications where a decision must be made on behalf of somebody else without delay. The Court of Protection can also consider applications to make statutory wills, or gifts.

Applying to the Court of Protection can be a complex and lengthy process, and requires specialist legal knowledge. We can advise on the process from beginning to end, including the likely costs involved. Please contact our office for further information.