What is the Court of Protection?
The Court of Protection is a specialist Court that deals with the affairs of people who lack mental capacity to make certain decisions for themselves. It aims to protect the rights of people who have difficulty in making some decisions, including people who have a brain injury, learning disability, dementia, mental health diagnosis or other disabilities that affect their ability to make particular decisions.
Some of the more common matters that the Court of Protection can address include:
- Appointing either a professional or a friend/family member as deputy to manage a person’s finances
- Appointing a deputy to make welfare decisions
- Putting in place a Will for a person who is unable to do this themselves (known as a statutory Will)
- Determining disputes about a person’s capacity to make a particular decision
- Dealing with disputes in relation to the finances
- Dealing with disputes in relation to welfare (including where disputes arise between health and social care professionals and the person receiving treatment/ support or their family members)
- Considering applications made by attorneys operating under either a lasting or enduring power of attorney, including applications to obtain the Court’s permission to make certain gifts
How can we help you?
We have a specialist team with a wealth of experience in these matters, both within the UK and internationally, that are set out in more detail below.
Whether you are a family member seeking assistance, the person at the centre of the decision, an Independent Mental Capacity Advocate (IMCA), a solicitor, a health and social care professional or a charity we can assist you in relation to Court of Protection matters and mental capacity issues more widely.
Read our FAQs: What is Court of Protection?
Ashfords' lawyers are experienced in acting as professional deputies for individuals as well as assisting families with the detailed application forms. We can assist in the day to day administration of an individual’s affairs in circumstances in which they are unable to manage their own financial affairs.
Find out moreWhile welfare deputyships are less common than financial deputyships, they are increasingly being used by friends and family members to help them take the lead on welfare decisions for their loved ones. Ashfords’ lawyers can advise you on the merits of a welfare deputyship and assist you to become appointed.
Find out moreDeprivation of Liberty Safeguards
The Court of Protection, as well as local authorities, can restrict the freedom of people who cannot make decisions about where they live and what care they receive if it is considered to be in their best interests and the deprivation of liberty safeguards are applied. We can advise whether the safeguards have been appropriately applied and challenge their use in certain circumstances.
Find out moreThe Court of Protection can put in place what is known as a ‘statutory’ Will for a person who does not have capacity to make a will for themselves. Our specialist lawyers are experienced in making statutory Will applications and can provide further support in situations where there are disagreements and the application becomes contested.
Find out moreDisputes can often arise in relation to the health and welfare of a person who cannot make those decisions for themselves. In particular, disputes occur between social services or healthcare professionals and family members or between family members when there is no clear consensus in relation to a specific health and welfare decision.
Find out moreOur lawyers are experts in dealing with disputes that may arise in relation to the management of the financial affairs of a person who is unable to manage those affairs for themselves. We can advise you of the most appropriate course of action to resolve the dispute in an efficient and cost effective way.
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