Court of Protection Mental Capacity

What is the Court of Protection?

The Court of Protection is a specially designated court based in London that deals with the legal issues affecting people who do not have the mental capacity to make decisions for themselves.

Within the Court of Protection is the Office of the Public Guardian (OPG) which supervises Deputies who are the people that have been appointed by the Court to look after the affairs of those who lack mental capacity.

When does the Court of Protection become involved?

When a person loses mental capacity it will become necessary for the Court of Protection to appoint a Deputy – unless a Lasting Power of Attorney (or Enduring Power of Attorney) has previously been made and registered with the Office of the Public Guardian.

What powers does the Court of Protection have?

The Court of Protection has the power to appoint a Deputy to administer the person’s property and financial affairs. This will include authority to buy and sell assets, collect benefits, pay bills and deal with bank accounts. Deputies can also be appointed with responsibility for issues of personal health and welfare.

Who decides if someone has lost mental capacity?

It is for the Court of Protection itself to decide if a person lacks capacity. The assessment is generally based on expert medical evidence.

We can help you with requesting a capacity assessment or any Court of Protection issues you have. Call our FREE legal helpline on 0808 139 1606 or email us at [email protected]