What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales that deals with decisions or actions taken under the Mental Capacity Act. The court ensures that crucial decisions relating to finance, property and welfare are made in the best interests of individuals.

The Court of Protection has several key functions:

  1. Determining mental capacity: The Court is responsible for assessing whether an individual has the mental capacity to make specific decisions. The Court evaluates the individual’s ability to understand, retain and weigh relevant information and communicate their decision. 
  1. Safeguarding vulnerable individuals: The Court plays a vital role in protecting vulnerable individuals from abuse or exploitation and has the authority to make decisions on behalf of individuals who are deemed to lack capacity.
  1. Appointing deputies: When individuals are unable to make decisions for themselves, the court can appoint deputies to make decisions on their behalf. Deputies are often family members, friends or professionals. They must ensure to act in the best interests of the individual lacking capacity.
  1. Lasting Power of Attorney: The Court oversees the registration of Lasting Power of Attorney documents (LPAs.) LPAs are legal documents that allow individuals to appoint someone to make decisions on their behalf in case they lose capacity in the future.


If someone close to you has lost capacity and requires a specialist Court of Protection solicitor, our team at Southerns will be happy to assist. Please contact our team on 01282 438 446.

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