The Court of Protection was created under the Mental Capacity Act 2005 and holds a very important role within the British justice system. It exists to make decisions for and about those who have lost the mental capacity to do so themselves. Most commonly, these decisions will relate to personal welfare and/or finances.

What can the Court of Protection do?

As its name suggests, this court was set up to help and protect those who are vulnerable in the eyes of the law. Over the years, many disparate cases have been heard there - the one common factor is that prior to the hearing, other parties involved had been unable to reach a decision on the matter.

The Court of Protection can do many things, including:

  • make decisions on whether a person has actually lost mental capacity
  • make emergency decisions where there can be no delay
  • award or rescind lasting power of attorney and enduring power of attorney
  • using the Mental Capacity Act to decide whether a person should lose their liberty

In addition to these decisions, the Court of Protection also rules on appointing deputies and trustees and it can decide on the disposal of property or assets, or create a statutory Will.

In cases where a person has suffered the sudden loss of mental capacity through illness or injury, making decisions about them can be overwhelming; especially if there are disagreements.
Ultimately, the Court of Protection can take the pressure of deciding a best course of action away from you.

How Oratto can help

Oratto member solicitors are skilled and experienced in how the Court of Protection functions.

They will be able to assess your individual situation and give advice specifically tailored to you. At Oratto, we understand that where the Court of Protection is involved, the issue is likely to be emotionally charged. Our member lawyers will be able to answer any questions that you may have and handle your case sensitively and discreetly.

This Court also has the power to decide on the fundamental issues in a person's life when they have lost capacity. This includes where they live, how and by whom they are cared for and who is allowed to see them.

If you are facing a situation where going to the Court of Protection is looking likely, then it's important to have the right support behind you. Oratto member lawyers will be able to answer your questions and give you the appropriate advice and guidance. We can help you to decide what outcome you wish to attain - and how best this can be achieved.

Call us today, have an online chat or fill in an Oratto Match form so that we can call you back at a time to suit you.

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