Court of Protection FAQs

The Court of Protection is the Court in England and Wales that has authority to determine issues relating to a person’s capacity. Where it is determined that a person lacks capacity to make a particular decision, then the Court of Protection has jurisdiction to make a decision or decisions for that person, or alternatively, to appoint a deputy as a decision-maker on an ongoing basis.

The Court of Protection is responsible for ensuring that decisions are made in the best interests of the person who lacks capacity. The Court of Protection has the power to make a wide range of decisions, including:

• Appointing a deputy to manage the property and financial affairs of someone who lacks capacity
• Deciding whether an individual has the capacity to make a particular decision, such as consenting to medical treatment
• Making decisions about where someone who lacks capacity should live and what care and support they should receive
• Resolving disputes between family members, healthcare professionals and others about the care and treatment of someone who lacks capacity
• Authorising actions that would otherwise be unlawful, such as restricting someone’s liberty in order to keep them safe

There is a formal application process for requesting that the Court considers any issue relating to mental capacity.  This varies depending on the particular issue that the Court is being asked to decide. At Price Slater Gawne we have experience of all types of applications to the Court of Protection and are happy to discuss your particular needs with you.

If it’s not an emergency, the process of applying for a Deputyship Order to the Court of Protection can take up to six months.

Anybody over the age of 18 can potentially act as a deputy. The Court of Protection deputy can be either a professional deputy, such as a solicitor or an accountant, or a lay deputy, such as a family member or a friend. The individual must be over 18 years old and have the necessary skills and experience to carry out the role. The individual must also undergo a thorough assessment process, which includes a criminal record check and a financial assessment, provide references and complete a training programme before being appointed as a deputy. In order to be a property and financial affairs deputy, the person appointed usually cannot previously have been declared bankrupt.  Certain people should be notified of the application to appoint a deputy, including the person to whom it relates, and they will then have opportunity to raise any objections to the proposed appointment.