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 need 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;
- Oversight of 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 the issue of whether a particular person can make a particular decision 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 paperwork is required to be completed meticulously. Gilbert Stephens has a team of lawyers who have made a specialism of dealing with applications to the Court of Protection who 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; or
- 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 advisor 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.
Please get in touch
Email: ku.oc1508502239.sneh1508502239petst1508502239rebli1508502239g@sre1508502239woPgn1508502239itsaL1508502239 or contact our Court of Protection team.