Court of protection
The Court of Protection has jurisdiction to make a decision where an individual is unable to make specific decision about themselves because he/she lacks capacity. The Court of Protection must operate within the following five statutory principles set out in section 1, Mental Capacity Act 2005:
1. A person must be assumed to have capacity unless it is established that he/she lacks capacity.
2. A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so are taken without success.
3. A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.
4. An act done, or decision made, under the Mental Capacity Act 2005 for, or on behalf of, a person who lacks capacity must be done, or made, in his/her best interests.
5. Before the act is done, or the decision is made, consider whether the purpose for which it is needed can be achieved as effectively in a way that is less restrictive of the person’s rights and freedom of action.
The principle aim is to protect people who lack capacity and not to restrict or control their lives. The principles apply to a judge making a decision in the Court of Protection as well as to deputies, attorneys and other informal decision makers such as health care professionals.
The powers of the Court of Protection include:
1. Making decisions for him/her.
2. Making declarations, including whether or not he/she has capacity to make a specific decision and whether an act taken on his/her behalf is lawful.
3. Resolving disputes, including those concerning Lasting Power of Attorney and Enduring Powers of Attorney.
4. Appointing deputies, terminating the appointment of deputies and varying deputy powers.
5. Calling for reports.
6. Supervising the application of the deprivation of liberty safeguards.
7. The Court of Protection’s involvement may be required in relation to any matter concerning him/her. The Court of Protection’s powers are too numerous to list but this note discusses some of the more common scenarios in which Court of Protection’s assistance may be required.
Proctor Moore Solicitors provide legal services with regard to applying to the Court of Protection to make an Order in the best interest of an individual who is not able to make decisions about their health, welfare, financial affairs or property (as set briefly out above).
Costs are estimated between £2,000.00 to £2,500.00 (excluding VAT, disbursements and Court fees).
