Court of Protection

The Court of Protection is a specialist Court tasked with protecting the interests of vulnerable adults of all ages who are unable to take rational decisions relating to their property and financial affairs and or their health and welfare by reason of mental incapacity.

The Court of Protection will always act in the best interests of the incapable person.

Under the Mental Capacity Act 2005:-

  1. A person must be assumed to have capacity unless it is established that they lack capacity,
  2. A person is not to be treated as unable to make a decision unless all practical steps to help them do so have been taken without success,
  3. A person is not to be treated as unable to make a decision merely because they make an unwise decision,
  4. An act done or decision taken for or on behalf of an incapable person must be done or taken in the incapable person’s best interests, and
  5. Before the act is done or a decision is taken regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the incapable person’s rights and freedoms.

The Court of Protection can make decisions on applications relating to:-

  1. Appointment or removal of a Deputy,
  2. Objections to the registration of an Enduring Power of Attorney or a Lasting Power of Attorney,
  3. Cancellation of a registered Enduring Power of Attorney,
  4. One-off decisions relating to statutory Wills, Gifts of Settlements,
  5. One-off decisions relating to the sale of the incapacitated person’s property and appointment of a new Trustee where there is a continuing Trustee under Section 36(9) of the Trustee Act 1925 or the incapable person is the only remaining Trustee under Section 54 of the Trustee Act 1925, and
  6. Deprivation of Liberty of an incapacitated person.

We will be pleased to assist you with the making and Application for Registration of your Lasting Power of Attorney, Objections to the Registration of an Enduring or a Lasting Power of Attorney, Application for the Appointment of a Deputy, Application for Cancellation of a Registered Enduring Power of Attorney, Applications for the making of a Statutory Will, Gifts or Settlements, Application for Permission to Sell the incapable person’s Property, Application for the Appointment of a New Trustee, Deprivation of Liberty Applications.

For further information please contact:

If you require further information please complete the contact form.