There are many scenarios where a person may lose the mental capacity to manage their own affairs. They can range from injuries sustained in a car crash to age related conditions such Alzheimer’s disease. When a person loses capacity an attorney can conduct their affairs (utilising a LPA). However there are many instances where there is no one appointed to perform that role. In this case a deputy will need to be appointed by the Court Of Protection.
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 can relate to issues involving the person’s property and financial affairs or their 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 to the 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
If you feel that you need to apply to the Court of Protection, contact one of our solicitors today for help and advice
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