BRM Chesterfield

Court of Protection

What is the Court of Protection

Where a person is unable to deal with their own affairs through mental incapacity, a department of the UK Court service called the Court of Protection is able to make decisions on behalf the person lacking capacity.

They have the power to appoint other people to help the person lacking mental capacity deal with their financial affairs and issues relating to their health and personal welfare.

What the Court of Protection is able to do

  • Determine whether or not a person is able to make decisions for themselves and has the mental capacity to make decisions.
  • Where a person does not have the mental capacity to make decisions for themselves, the Court of Protection can make decisions about that person's financial or personal welfare matters.
  • The Court of Protection can appoint another person to act on behalf of a person lacking mental capacity. The person appointed to act is referrred to as a Deputy.
  • Where a Deputy or Attorney (appointed under any Lasting Powers of Attorney or Enduring Power of Attorney) has not carried out their duties correctly, the Court of Protection has the power to remove that Deputy or Attorney.
  • If a Lasting or Enduring Power of Attorney have been made, the Court of Protection can decide if they are valid.
  • Where objections have been raised about registration of a Lasting or Enduring Power of Attorney, the Court of Protection is able to hear cases about those objections.

For advice on any Court of Protection matters, please contact:

Paul Berresford - 01246 560598

Email Paul