Private Client

Court of Protection

Court of Protection

If a person cannot make decisions for themselves, they will be considered to lack mental capacity. This may be because they have suffered a serious brain injury or illness, they are suffering from dementia, or have a severe learning disability.

In these situations, you may need to make an application to the Court of Protection to be appointed as their deputy to make decisions on their behalf. However, they may still be able to make some decisions themselves at certain times.

Our specialist solicitors can offer advice on applications concerning:

  • Whether someone has the mental capacity to make decisions themselves
  • Appointing a deputy to make ongoing decisions
  • Seeking permission for one-off decisions on behalf of someone lacking mental capacity
  • Urgent applications to make a decision of someone’s behalf
  • Decisions to make statutory wills or gifts
  • Deprivation of liberty under the Mental Capacity Act 2005
  • Lasting Power of Attorney and objections, discussed in more detail here

There are two types deputy:

  • Property and Financial Affairs Deputy – this allows you to manage someone’s finances and other property
  • personal Welfare Deputy – this allows you to make welfare decisions on someone’s behalf

Will the Court appoint someone to be a Deputy?

Courts will only appoint someone a Personal Welfare deputy if there is doubt whether decisions will be made in their best interests or someone needs to be appointed to make decisions of a specific issue over time, such as where someone will live.

If you feel you need to make an application, Monarch Solicitors can give you expert advice on what steps to take.

Contact our Specialist Solicitors:

If you would like to enquire for any of our services please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.

Alternatively, please call our specialist solicitors in Manchester on 0161 820 8888 for a no obligation discussion.

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FAQ

Most frequent questions and answers

The Court of Protection is a court that deals with decisions or actions taken under the Mental Capacity Act. You or someone helping you would need to apply to the Court if someone needs permission from the Court to make decisions about your health, welfare, financial affairs or property.

Anyone can apply:

  • You can apply if you have a question that the Court has the authority to decide. You don’t need permission to do this if you are the person the Court is going to make a decision about and you are over 18.
  • Your legal guardian would apply if you are under 18, and they could apply without permission.
  • Your lawyer, deputy or anyone named in a court order relating to the matter could also apply, without needing permission.
  • Family members, healthcare trusts, Clinical Commissioning Groups and local authorities can also apply, but they would need permission from the Court.
  • If someone brings a legal action to the Court of Protection on your behalf because you lack capacity, you should still be included in this.

You may be able to challenge a decision from the Court of Protection by applying to the Court of Appeal – however, you may need permission for this. If you want to challenge a decision, you should get legal advice from a solicitor specialising in Court of Protection matters to help you work out:

  • Whether you are likely to get legal aid for your challenge
  • How likely you are to win your case.     

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