Court of Protection

What is Court of Protection?

The Court of Protection is based in London and has jurisdiction over the personal welfare and financial affairs of people who have not already made a valid Power of Attorney and who are unable to make decisions for themselves due to a lack of mental capacity.

The Court of Protection has the power to appoint “Deputies” to make decisions on behalf of someone who lacks mental capacity. A Court of Protection Order sets out the powers of the Deputies, which are often subject to restrictions.

Applications can also be made to the Court of Protection in respect of many other matters, such as in connection with gifting or trustee applications.

Court of Protection Specialists

The Court of Protection application process can often be complex, time consuming and lengthy. We have extensive experience in advising on applications to the Court of Protection. Our experts will work closely with the individual and their family to ensure all decisions made are in the best interests of the individual.

Court of Protection FAQs

What is the role of the Court of Protection?

The Court of Protection is a specialised Court in England and Wales that makes decisions about the personal welfare, property, and financial affairs of individuals who lack the mental capacity to make those decisions for themselves. The Court is designed to protect vulnerable individuals and ensure their rights and best interests are safeguarded.

Who can apply to the Court of Protection?

The application to become a Deputy can be made by anyone (aged 18 or over) who is concerned with protecting the interest of the vulnerable person.

There are two types of Deputies, a lay-Deputy or a professional Deputy, such as partner of Ellis Jones Solicitors.

The Court is unlikely to appoint a Deputy who has ever been:

Convicted of a criminal offence;
Declared bankrupt;
Subject to debt relief order; or
Involved in a business that was subject to an insolvency regime.

How long does it take to get a Court of Protection?

Each application to the Court of Protection is treated by the Court individually and the timescales for the Order to be granted depend on the venerable person’s circumstances.