What is the role of the Court of Protection?

The Court of Protection decides if an individual has the mental capacity to make decisions for themselves. This happens where someone loses capacity and has not had the opportunity to make a Power of Attorney for themselves prior to losing capacity or this has become invalid for any other reason. Similar to a Lasting Power of Attorney, the Court can make decisions about an individual’s Health & Welfare and Property & Finances. The Court assists adults who are vulnerable as well as children who are likely to lack capacity when they reach the age of eighteen.

What decisions can the Court of Protection make?

• The Court can make decisions under the Mental Capacity Act 2005.
• They make decisions or appoint Deputies to make decisions on behalf of individuals who lack mental capacity based on their day-to-day needs, essentially managing all aspects of their life.
• They make decisions or declarations on decisions of health and finances and more specific orders associated with this, such as allowing an individual’s property to be sold.
• Finally, if a Deputy has failed in their duties they act by removing them from this role.

Who can apply to the Court?

Family members or friends to assist individuals who are unable to make decisions for themselves because of memory related issues such as Dementia, learning disabilities or mental illnesses which means the Court can intervene. There are set requirements and procedures that have to be followed and adhered to such as notifying associated individuals that an application to the Court of Protection has been made. To safeguard an individual, the Court can place restrictions on what an attorney can and cannot do, with further applications being made as and when an individual’s circumstances change. A Deputy may have to enter into a security bond to assure the Court they will not do anything unlawful with the individual’s funds and to provide an additional layer of protection. Following on from this, accounts will need to be submitted to the Court annually to ensure that an individual’s finances are being managed in the correct manner.

How Pinney Talfourd can help

Pinney Talfourd have a specialist Court of Protection department that can help and guide a proposed Deputy on the completion of the correct forms and procedure, to enable them to assist a family member or friend. It can often be a difficult and stressful time when someone close loses capacity or is unable to manage their affairs and on top of everything else, if there is no one with the proper technical knowledge to assist them, it may be detrimental in them receiving access to the appropriate care and guidance, in a timely fashion. There may be decisions to be made such as access to the appropriate care homes or other appropriate accommodation, practicalities such as paying for care or other day to day expenses, issues in accessing bank accounts and other funds and investments and this is where the firm can help. The firm can also act as professional Deputies for an individual where required.

Get in touch with our Court of Protection team on 01708 229 444.