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Court of Protection

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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?

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