Court of Protection

If you have a family member, friend or neighbour who you think is having difficulties making decisions about their finance and property or their personal welfare, then they may need someone to be appointed to make these decisions on their behalf. The Court of Protection deals with these situations.

The Court of Protection was created under the Mental Capacity Act 2005. It makes decisions, and also appoints other people (called Deputies) to make decisions, for people who lack the capacity to do this for themselves. These decisions are related to their property, financial affairs, health and personal welfare.

The Court of Protection can:

  • decide whether a person ‘has capacity’ (is able) to make a particular decision for themselves
  • make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make these decisions
  • appoint a Deputy to make ongoing decisions for people lacking capacity to make those decisions
  • decide whether a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) is valid
  • remove Deputies or Attorneys who fail to carry out their duties
  • hear cases concerning objections to register an LPA or EPA

At Lovell Chohan Solicitors we have the expertise to deal with all areas of the Court of Protection work, which in the main is conducted by the senior partner.