Court of Protection
The Court of Protection is the division of HM Courts & Tribunals Service which oversees decision making for those adults who lack the mental capacity to make their own decisions. It works alongside the Office of the Public Guardian (which deals with registering Enduring Powers of Attorney and Lasting Powers of Attorney) and receives many of the concerns raised about misbehaviour by anyone who has responsibility for dealing with the affairs of incapacitated adults.
The work of the Court of Protection in carrying out its responsibilities to adults who lack mental capacity includes:
- Deciding whether someone can make their own decision or needs an Attorney or Deputy to make that decision for them
- Appointing Deputies to deal with property and financial affairs
- Appointing Deputies to make decisions about medical treatment, health and welfare
- Overseeing Deputies who deal with property and financial affairs
- Dealing with disputes between Attorneys under Enduring or Lasting Powers of Attorney
- Removal or sanctioning of Attorneys under Enduring or Lasting Powers of Attorney in the cases of misconduct
- Making financial decisions where there is no Deputy or Attorney empowered to make such a decision
- Making decisions about health or welfare issues including consent to medical treatment or the refusal of medical treatment
Why choose us
Issues surrounding mental capacity are often complex because deciding whether a person can make decisions about their own lives can be inherently difficult. Each case involves difficult judgements about an individual’s ability to understand the issue and make an informed decision about it. The Court of Protection also needs to balance protecting vulnerable people and allowing them as much autonomy over their own lives as possible.
The procedures within the Court of Protection are complicated and the associated paperwork must be completed meticulously. Gilbert Stephens has a team of lawyers who are specialists in dealing with applications to the Court of Protection, they can guide you through the processes, whether you:
- Need to take on the financial affairs of a mentally incapacitated friend or relative:
- Need to take on their medical and social care decisions
- Need to deal with a matter that falls outside your authority as their Deputy or their Attorney under an Enduring or Lasting Power of Attorney
- Need to bring your concerns about the conduct of a Deputy or an Attorney to the attention of the Court of Protection
- Need to obtain the Court’s authority in respect of a financial, medical, health or social care issue
We are also able to take on the role of financial Deputy for those clients where it is appropriate for a professional adviser to take on that role. Between them our team of lawyers has considerable experience of looking after the financial affairs of clients who lack mental capacity.
