If you’ve been involved with the affairs of someone who no longer has capacity to make legal decisions, then you may have come across the Court of Protection (CoP).
The role of the Court of Protection is to protect the interests of individuals who are deemed to lack capacity – the ability to understand, process and act on information to make important decisions about their life.
It will get involved when someone lacks capacity to make decisions and has not put a Lasting Power of Attorney (LPA) in place.
LPAs name a specific person or group of people to make decisions for you when you lose capacity, split into two categories which each need their own LPA:
An LPA lets you nominate ‘attorneys’ to make decisions on your behalf. Without an LPA, these decisions may well fall to the Court of Protection.
CoP responsibilities
The CoP holds a number of responsibilities towards those who lack capacity to make important decisions about their care, daily life, finances and home.
It can:
In the absence of an LPA, a relative or friend of the individual will typically appeal to the CoP to be allowed to make decisions on their behalf through appointment as a deputy.
It can also end deputyship if your circumstances change, you lose capacity or if you apply to terminate it.
Applying to the CoP can come at a difficult time in your life, particularly if you are doing so to care for a relative or friend. We can advise you sensitively on the steps you need to take to keep you and your loved one safe and protected.
For advice on applying to the Court of Protection, please contact our team today.
