Probate Solicitors Limited - Court of Protection
Court of Protection
What is it?
The Mental Capacity Act 2005 created the Court of Protection. The Court is there to protect vulnerable people.
To do this it can make decisions and appoint people called "Deputies" to make decisions on behalf of a vulnerable person. These decisions can relate to their personal welfare, property and finances.
The Court has the powers to:
- Decide whether a person has capacity to make a particular decision for themselves
- Make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions
- Appoint deputies to make decisions on behalf of people who lack capacity
- Decide whether a Power of Attorney (LPA or EPA) is valid
- Remove deputies or attorneys who fail to carry out their duties
- Hear cases concerning objections to register and the validity of LPAs and EPAs
- Amend a Power of Attorney, e.g. where a joint Attorney has died
Why might I need to apply to the Court?
There are several reasons:
- Where there is no LPA in place and someone has lost their capacity you may apply to the Court to become a Deputy
- Where there is an LPA in place you may contact the Court if you feel the Attorney(s) are not performing their duties
- You can object to the registration of a Power of Attorney
- You can challenge the validity of a Power of Attorney
If you have a family member, friend or neighbour who you think is having difficulties making decisions about their personal welfare, financial or property affairs, they may need someone to be appointed on their behalf.
If you would like to help on this please contact us on 01564 758055