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Martin Searle Solicitors

Court Of Protection Litigation

Martin Searle Solicitors Community Care Law Team

What is the Court of Protection?

The Court of Protection was created by the Mental Capacity Act 2005. The Court has responsibility for making decisions regarding the property, financial affairs and personal welfare of people who cannot make these decisions for themselves because they “lack mental capacity”. The individual who lacks capacity may be referred to as “P” (the patient) or “D” (the donor) or the “adult at risk” because their lack of capacity puts them at risk of abuse, whether physical, emotional or financial.

It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.

What kinds of decisions are made by the Court of Protection?

The Court has a wide remit to make decisions about health and welfare and financial issues. Common examples include:

  • Determining whether someone has the mental capacity to make a decision themselves
  • Appointing Deputies to make decisions for people who lack mental capacity
  • One-off Best Interest decisions such as where the adult should live and be cared for, their living arrangements, contact with other people, or what treatment they should receive
  • Whether to register or revoke an enduring power of attorney (EPA) or lasting power of attorney (LPA), for example when there has been financial abuse or mismanagement
  • Considering objections against the registration of an EPA or LPA
  • Deciding whether an attorney acting under an existing EPA or LPA should be removed
  • Deciding whether an individual be deprived of their liberty under the Mental Capacity Act 2005

How can the Court of Protection help me or someone I love?

An application to the Court of Protection can be made to challenge decisions relating to the mental capacity or Best Interests of a relative or to safeguard your loved one against financial abuse, physical or emotional harm. Court applications often deal with difficult decisions about care packages and living arrangements for people who need care at home or residential care.

Many cases which go to the Court of Protection involve different opinions about what is in the individual’s best interests, when it has not been possible for family members and Health or Social Services to reach an agreement. The Court of Protection is asked to weigh up all the information and opinions available about what is best for the adult at risk and make a decision.

The Court could also be asked to decide whether an Attorney is unfit to continue to act or if an EPA or LPA should be revoked and a Deputy appointed in their place.

For help with making a deputyship application contact our health and social care solicitors today on 01273 609911, or email info@ms-solicitors.co.uk.

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