The role of the Court of Protection

The Court of Protection is the judicial body responsible for making decisions in relation to financial and other affairs on behalf of those who lack mental capacity and cannot make those decisions on their own.

The Court of Protection function is the safeguarding of rights of individuals who have become mentally incapacitated and are unable to make decisions for themselves and failed to make a Power of Attorney.Power of attorney, court of protection, solicitor

As such, the court will help make decisions for them which reflect that individuals best interests.

How can we help you?

If you are in a position where you are concerned that you will no longer be able to manage your affairs for much longer, we can make sure you have all the right things in place. We will make sure that you are fully protected if ever you find yourself in a position where you can no longer m
ake decisions for yourself.

In this area our private client solicitors can help you in a range of areas, including:

  • • Lasting Powers of Attorney or Enduring Powers of Attorney;
  • • Court of Protection proceedings – appointing a deputy or acting as a deputy;
  • • Statutory wills and trusts;
  • • Court of Protection health and welfare disputes.

Alternatively, if you find you need help for a person who these issues affect, our Court of Protection Solicitors can help with the following:

  • • Assistance with making all decisions on behalf of another’s affairs;
  • • Concerns in relation to the ability of someone else managing your affairs or another’s affairs;
  • • Uncertainty of whether someone is able to make decisions for themselves;
  • • Disputing social care or medical treatment of an individual;
  • • Disputing where someone should live;
  • • Disputes over whether the individual is able to get married or become involved in a relationship.

The Court of Protection will use its powers when the people interested in the individuals or your welfare, cannot reach a common ground and make an important decision.  The court will always consider what is in the best interests of the individual and reach any decision having considered that important factor.

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