Accidents, mental or physical illness and old age can leave people incapable of making decisions about how their affairs are managed. Where the person has registered a Lasting or Enduring Power of Attorney, their appointed attorney will be able to make important decisions on their behalf. However, if no Lasting or Enduring Power of Attorney has been registered, it may be necessary to apply to the Court of Protection to appoint someone to manage the person's affairs.
If someone close to you has lost the capacity to make decisions for themselves, or is likely to at some time in the near future, our team can offer practical, clear advice to help you manage their affairs and protect their best interests.
The Court of Protection exists to make decisions about financial and personal welfare matters in relation to people who do not have the capacity to make those decisions for themselves. It has the same power and authority as the High Court with regard to mental capacity matters. The Court of Protection can decide whether a person has the mental capacity to make decisions for themselves, and can make orders regarding the financial or personal welfare of a person who lacks mental capacity.
It can decide whether an Enduring or Lasting Power of Attorney is valid. The Court can also appoint people, known as 'deputies', to manage the affairs of someone who lacks the mental capacity to make those decisions for themselves. It also monitors the performance of deputies it has appointed and can remove them where they fail to perform their duties adequately.