When someone may or may not be able to make informed decisions, the Court of Protection can make decisions on financial or welfare matters on behalf of that person. If a person is deemed unable to make decisions (if they lack ‘mental capacity’), the court can appoint an individual to make decisions on that person’s behalf.
When Is The Court Of Protection Needed?
The Court of Protection is involved in cases when adults might lack the mental ability to make decisions, or when adults are unable to make decisions and need assistance with matters relating to property, finance, health and welfare.
Every case is different and applications are made to the court on a unique basis. Sometimes, a person suddenly loses the ability to make informed decisions due to an accident or from being unwell, and a relative then needs to apply to the court. The court is also involved at times of misconduct – people can appeal to the court to dismiss a Deputy or Attorney in certain situations.
What Does The Court Of Protection Do?
The court makes difficult and challenging decisions on whether an individual is mentally incapable, and if it decides the person is unable to make decisions it then appoints someone to do so on their behalf.
The work the court does is a balancing act between ensuring protection for those who need it whilst allowing for individual control as much as possible.
The main areas the Court of Protection assists with, are:
- Whether a person can make decisions or not
- Selecting a Deputy to act on the individual’s behalf if needed
- Managing the appointed Deputy
- Handling any disputes between Deputies
- Dealing with cases of Deputy or Attorney misconduct
- Acting on behalf of an individual if no available Deputy or Attorney
How We Can Help With The Court Of Protection
Our professional and specialist solicitors are here to help you with all issues relating to the Court of Protection. Whether you need to make an application in order to make decisions for someone or you need to appeal against an existing Attorney or Deputy, we can help you throughout the process and guide you at every step of the way.
The Court of Protection is involved in complex cases, and applications and appeals to the court are rarely straightforward. Our solicitors can advise you on the best way to proceed, based on your individual situation, and assist with any application you need to make to the court.
To speak to one of our specialist solicitors about any Court of Protection-related query you have or to find out more about our Court of Protection services, please contact our specialist solicitors on 01244 311 633, FREEPHONE 0800 988 3674 or via email to advice@bartletts.co.uk.
