If someone is mentally incapable of making a particular decision at a particular time and they have not made a Lasting Power of Attorney or an Enduring Power of Attorney the Court of Protection can be applied to and it will either make the decision itself or it will appoint a Deputy to make those decisions which the individual is unable to make.
What does the Court of Protection do?
The Court of Protection makes decisions for people who are unable to do so for themselves. It can also appoint someone (called a deputy) to act for people who are unable to make their own decisions. These decisions are for issues involving the person's property, financial affairs, health and personal welfare.
The Court of Protection can:
- decide whether a person is able ('has capacity') to make a particular decision for themselves
- make decisions on financial or welfare matters on behalf of people who are unable to do so
- appoint a deputy to act for someone who is unable to make their own decisions
- remove deputies or attorneys who fail to carry out their duties
- decide whether a Lasting or Enduring Power of Attorney is valid
- hear cases concerning objections to the registration a Lasting Power of Attorney or Enduring Power of Attorney
The Court of Protection Charter tells you what kind of treatment you can expect if you have to make decisions for someone else. You can make a complaint about the Court of Protection if you are not happy with the level of service you receive.
Why apply for a Court of Protection.
There are a number of reasons why you might need to apply to the Court of Protection. You might want to:
- ask the court to make a decision about someone's property and financial affairs or their health and welfare
- apply to be made a deputy for someone
- make a will on behalf of someone
- object to the registration of a power of attorney
The Court of Protection and Statutory Wills
Again, if a person lacks the mental capacity to make a valid will only the Court of Protection has the power to make a will in their place. A will made this way is known as a Statutory Will and is provided for under the Mental Capacity Act 2005.
If you know or care for someone who is having difficulties making decisions about their personal health, finance or welfare, you may need to apply to the Court of Protection so that you (or someone else) can make decisions for them. Please contact Amanda McNabola on 0191 2618878 for a discussion on this or complete our online enquiry form.