The Court of Protection is a specialist court set up under the Mental Capacity Act 2005. It plays an important role in safeguarding the rights and well-being of people who lack mental capacity, which means they can’t make decisions about things such as their finances or care.
The Court of Protection can step in and become responsible for guiding these decisions, usually around health, welfare, property, or finances, in the best interests of an individual who can’t make the decision for themselves. Let’s look at what the Court of Protection does in more detail.
Makes decisions for people who lack capacity
Whether temporary or long-term, if someone can’t make a decision for themself, the court can make it on their behalf. This could be about medical treatment, money management, or the kind of care they might need. The best interests of the individual will be paramount.
Appoints deputies
The Court of Protection can appoint a deputy, who is an individual authorised to act on someone’s behalf. This might be a family member, friend, or professional. The deputy must follow clear duties and the law to ensure they always act in the best interests of the individual.
Handles disagreements
If family members, carers, or professionals disagree about which decisions should be made for a person who might lack capacity, the court can step in. The Court of Protection is an impartial authority, which means everyone’s voice is heard, and it can centre the person at the heart of the dispute.
Deals with lasting power of attorney
This court will also oversee lasting power of attorney, or LPA, which includes resolving any issues with how an LPA is used or cancelling one if required or if it hasn’t been set up properly. A UK power of attorney is reasonably straightforward and can be set up online through a company such as https://powerofattorneyonline.co.uk/.
Makes emergency decisions
If an urgent decision is needed about medical treatment, for example, the Court of Protection can step in and protect the individual when they can’t consent or make their own decision.
