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The Court of Protection

If you or someone you are caring for lacks the mental capacity to manage their welfare or finances you may need the support of the Court of Protection to determine what help you need.

The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

The Court is responsible for:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

Your social care assessor may need to speak to you or your carer about the process involved in this.  You can find out more information in detail about the Court here.  You or your family may also like to consider Power of Attorney in case you do become unwell in future.

Court of Protection - GOV.UK (