Court of Protection FAQs

We answer your Court of Protection FAQs. If there are any further questions you have then you can call our free legal helpline or simply send us an email.

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). The OPG is responsible for supervising 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 a 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.

Who can become a deputy?

Anyone over the age of 18 can be a deputy. Deputies are often close friends or relatives of the person who has lost capacity. A professional deputy can also be appointed and our lawyers are experienced in acting in this role.

What can I do if a deputy fails to act fairly?

If you have concerns about the way a deputy is acting then our experienced Court of Protection dispute lawyers are here to help. We can assist in resolving disputes, reporting your concerns to the Court of Protection or making an application for a new deputy to be appointed.

How we can help

We hope you found what you were looking for with our Court of Protection FAQs, but if not then you can call our FREE legal helpline on 0808 139 1606 or email us at [email protected]

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