What is the role of the Court of Protection?

The Court of Protection make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

The Court of Protection can make the following decisions:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act 2005

How can we help you?

This area of law is complex and challenging.  Specialist legal advice is crucial to ensure that you make the right decisions on behalf of an incapacitated person or those making decisions on the behalf of you, a family member or friend are following the law correctly. We provide clear, practical and cost-effective advice in the following areas:

Once the Court Order is obtained, we provide on going advice and support to you and your family. We are happy to liaise with health professionals, local authorities and the Court whenever necessary.  We can also advise you in relation to care home contracts and whether a person may be entitled to free nursing care funding (see Continuing Health Care page) or assistance with receiving care and support from the local authority (see community care page).

For many years we have worked closely with local charities, including Age UK Warwickshire and Alzheimer's UK, running seminars and free legal clinics so that we can provide advice in this complex area of law.  We are committed to protecting the interests of vulnerable people and their families. 

Please do not struggle alone.  If you have any questions or concerns about you, a family member or friend, please do not hesitate to contact our team on 01926 491181. We offer an initial consultation free of charge.