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Court of Protection Services

The Court of Protection was created by the Mental Capacity Act 2005. The Court of Protection is a specialist court that has the power to make decisions to act on behalf of people who lack the capacity to do so (often known as “P”). When considering what decisions to make on behalf of the person who lacks capacity, the Court of Protection will always act in the best interests of that person.

The subjects of Court of Protection proceedings are vulnerable and require safeguarding against abuse. Where an adult is found to lack the capacity to appoint an attorney, an application can be made to the Court of Protection to appoint a deputy to act on behalf of the incapacitated adult. When an application to appoint a deputy is made, close family and friends are notified and given the opportunity to object. A deputy’s power can be wide ranging and will depend on the need of the incapacitated adult but usually relates to finances. It is usual for the court to define the decisions that the subject of proceedings lacks capacity to make.

The Court of Protection is not a ‘secret court’ but does respect privacy and confidentiality. Hearings are usually heard by a Judge in private unless permission is granted to allow the public access. Orders and Judgments may often be anonymised. The Court has a collaborative approach with all parties working together for the benefit of the person who is the subject of those proceedings.

The Private Client department can advise on all aspects of Court of Protection services, including the following:

  • Registration of Enduring Powers of Attorney
  • Lasting Powers of Attorney
  • Applications for appointment as a Deputy
  • Statutory Wills
  • Administration of financial and property assets
  • Sale of properties

Read more in depth information from the Private Client team


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