Courts of Protection are specialist courts in England and Wales, established under the Mental Capacity Act 2005, with their operations beginning on 1 October 2007.
What Is It For?
The court protects individuals who lack the mental capacity to make certain decisions about their finances, welfare or healthcare. When someone cannot make a specific decision, often due to conditions like dementia or brain injury, the Court steps in either to make a ruling itself or to appoint a deputy who can act on the person’s behalf.
What Does It Do?
The Court of Protection’s responsibilities include determining if a person has capacity to make decisions, authorising actions about their property, health or welfare and resolving disputes about legal authorities such as Lasting Powers of Attorney – LPAs – or Enduring Powers of Attorney – EPAs. It can remove deputies or attorneys who fail in their duties and deal with objections to the registration of an LPA or EPA, ensuring rigorous safeguards against abuse.
LPA Applications
The use of LPAs in the UK has grown since the pandemic, reflecting greater public awareness and the ageing population. EPAs have been phased out since October 2007 but are still valid if completed before that date. It is simple to apply for a Power of Attorney online, either directly or through the services of companies like //powerofattorneyonline.co.uk.
Cases are typically heard by judges at the central registry in Holborn or in courts across England and Wales. While many hearings are public, the court retains the discretion to sit in private to protect the rights of individuals.
