Court of Protection

The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’). The Court can give these powers to someone else if there is a need for decisions to be made on an ongoing basis because the person can no longer make their own decisions. If the Court gives these powers to someone else, they will be known as a Deputy.

The Court is responsible for:

  • Deciding whether someone has the mental capacity to make a particular decision for themselves
  • Appointing deputies to make ongoing decisions for people who lack mental capacity
  • Giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • Handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • Making decisions about a Lasting Power of Attorney or Enduring Power of Attorney and considering any objections to their registration. Find out more about Lasting Power of Attorney
  • Considering applications to make statutory wills or gifts
  • Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

We will advise you and help your through all communications with the Court of Protection.

How much does it cost?

Typically work will be charged at our hourly rate and there is an application fee.

The costs vary depending on your circumstances so please book a consultation, which can be made in person on remotely, please call us or complete our form.