What is the Court of Protection?

25th March 2021

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 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 decisions 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.

“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 Solicitors have a team of specialists that deal with applications to the Court of Protection and can guide you through the processes.

If you would like to know more, please get in touch with:

Alyson Coulson, Solicitor in our Exeter office on 01392 424242 or email .

Lisa Todd, Solicitor in our Ottery St Mary on 01404 812228 or email .