The Court of Protection was created under the Mental Capacity Act 2005. It has jurisdiction over property, financial affairs and the personal welfare of people who lack the mental capacity to make decisions for themselves.
When does the Court of Protection become involved?
The Court of Protection will step in should there not be a Lasting Power of Attorney (LPA). A Property and Financial Affairs LPA allows a person to choose a trusted person to make decisions about their property and finances. A Health and Welfare LPA allows a trusted person to make decisions about your personal healthcare, including whether to persist with life-sustaining treatments and your welfare, such as choosing where you live.
Without either or both of these types of LPA in place, the Court of Protection will become involved, prioritising the best interests of the person lacking mental capacity.
At Jackson Longe Solicitors, we understand the technicalities surrounding the Court of Protection and can assist your case, no matter the circumstances. Get in touch today to get started on 0208 332 2069.
What does a Court of Protection do?
The Court of Protection can make a variety of decisions on behalf of a person, including the following:
- Decide if a person has the mental capacity to make decisions for themselves
- Decide on deputies (people who will make decisions on an ongoing basis for the person)
- Give someone the ability to make a one-off decision for the person
- Make decisions about LPAs and Enduring Powers of Attorney
- Consider statutory Wills applications
- Decide whether the person in question can be deprived of their liberty, according to the Mental Capacity Act.
Find out more about the Court of Protection here.
Court of Protection Solicitor – Solicitor for LPAs in Surrey
No matter your age or health status, it is essential to create an LPA so that if you can no longer make decisions for yourself, you can ensure that your wishes are upheld.
However, we understand that not all cases will have an LPA in place. Therefore we can assist you in applying to the Court of Protection and following the subsequent steps, whatever the outcome.