The Court of Protection will step in when someone has lost mental capacity and they do not have a Lasting Power of Attorney in place. The Court mostly deals with decisions about a person’s welfare, property or medical treatment. It can make the decisions itself or it can give the power to someone else and appoint them as 'Deputy' to manage someones financial affairs or personal welfare.

If someone you care about loses the ability to make their own decisions you can apply to the Court of Protection for permission to make decisions for them. To apply, there are some forms that will need to be filled in and a doctors certificate will be required to confirm to the Court that the person cannot make decisions for themselves.

This is a long and somewhat expensive process. There is an ongoing responsibility to report to the Office of the Public Guardian as well as annual supervision fees that must be paid.  

For free initial advice on Court of Protection Applications, please call us on 0800 433 27 28 or contact us online.