Families often seek our advice and support when one of their loved ones loses capacity to make decisions for themselves. We specialise in legal matters involving the Court of Protection, offering compassionate legal advice at affordable rates. One of the first questions our clients often ask is ‘What does the Court of Protection have the power to do?’ Here, our expert Court of Protection solicitors provide a brief overview of what the Court of Protection does, the types of cases it deals with, and how we can support families through what can often be a challenging legal process.
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What Is The Role Of The Court Of Protection?
The Court of Protection is a specialist court. It has two main responsibilities, which are as follows:
- To decide whether a person has the mental capacity to make a particular decision.
- To make decisions, or appoint someone else to make decisions, for people who lack capacity.
Capacity is assessed under a statute called the Mental Capacity Act 2005. The Act sets out a clear legal framework for determining whether someone has the capacity to make their own choices.
Crucially, the legal concept of capacity is decision-specific. This means that a person may be able to make straightforward everyday choices for themselves, such as what to eat or wear, but may lack capacity to decide more complex matters, such as those relating to managing their finances or consenting to major medical treatment.
What Types Of Cases Does The Court Of Protection Deal With?
The Court of Protection has wide-ranging powers which allow it to protect the interests of the most vulnerable members of our society. Those powers broadly fall into two categories: property and financial affairs, and health and welfare.
• Property And Financial Affairs
The Court of Protection is tasked with protecting the financial interests of those who have lost capacity. To that end, it frequently makes decisions about financial matters when someone lacks the ability to manage their own money. Examples of the Court of Protection’s role in this context include the following:
- Appointing a deputy to manage the vulnerable person’s finances.
- Authorising the sale of the vulnerable person’s property, for example, if the person needs to move into residential care.
- Approving one-off transactions, such as property transfers.
- Resolving disputes about the use of a vulnerable person’s money or assets.
- Reviewing concerns about the conduct of an attorney acting under a Lasting Power of Attorney.
Most Court of Protection applications relate to property and financial affairs, particularly where urgent action is required to safeguard a person’s assets.
• Health And Welfare
Although less common, the Court of Protection also deals with personal welfare matters affecting vulnerable people. These can involve sensitive and sometimes life-changing matters, such as the following:
- Deciding where a person should live. For example, the Court of Protection may be asked to decide whether an individual should remain living at home or move to a care home.
- Determining what kind of medical treatment a vulnerable person should receive.
- Resolving disputes between family members about what is in the person’s best interests.
The Court of Protection can also get involved in issues relating to Lasting Powers of Attorney. For example, it may decide on the validity of a Lasting Power of Attorney or consider allegations that an attorney has acted improperly.
How Can We Help?
Navigating the Court of Protection processes can be complex and overwhelming, particularly when you are dealing with the emotional strain of seeing someone close to you lose capacity.
At Simper Law, we are committed to easing the burden of the legal process on our clients as much as possible. Not only do we offer high-quality legal advice, but our solicitors are also known for being friendly, approachable, and empathetic. We take the time to really get to know our clients and understand their loved one’s needs and preferences, so we can tailor our advice to their specific situations.
We can assist with all types of Court of Protection matters, including the following:
- Advising on whether an application to the Court of Protection is necessary. For example, if your loved one put a Lasting Power of Attorney in place before they lost capacity, we will check whether it covers the current circumstances.
- Preparing and submitting the relevant application along with the requisite supporting evidence.
- Advising deputies on their legal responsibilities and ongoing reporting obligations.
- Challenging decisions made by attorneys or deputies where there are concerns about mismanagement.
- Making emergency applications to the Court of Protection where urgent action is required.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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