Sometimes, through unexpected illness or injury, a person can lose the mental capacity to make decisions for themselves. If they have not assigned lasting power of attorney or enduring power of attorney to someone, then making decisions about their welfare or finances can be difficult. The Court of Protection was set up under the Mental Capacity Act 2005 primarily as a safeguarding measure to protect those who have lost capacity.
What can the Court of Protection make decisions about?
The court is a specialised one and it has a wide-ranging remit. Once an application to the court has been made, it can make decisions about:
- the capacity, or otherwise, of a person
- Enduring Power of Attorney and Lasting Power of Attorney
- personal welfare, property and financial affairs
- medical intervention, procedures and any ongoing care
- using an independent mental capacity advocate
- removing or appointing attorneys
- challenging decisions about the depravation of liberty
Oratto member solicitors will be able to explain the purpose and function of the Court of Protection in relation to your particular query. Our member lawyers have years of experience in assisting people with personal and sensitive matters. If you have a concern about the mental capacity of someone, don't hesitate to contact Oratto for swift advice.
Since November 2008, the Court of Protection has seen a surge in use as awareness of its powers have become more widespread. This is primarily due to the enactment of the Mental Health Act 2007 which implemented several high-profile changes to the law and people are quite rightly using it to protect the interests of the vulnerable.
Who can apply to the Court of Protection?
Anyone is able to apply for the answer to a question that the court has the authority to decide. You do not need to seek permission if the question relates to yourself. Anyone legally entitled to act for you can also apply without permission. If you are under 18 then a parent or guardian must apply on your behalf.
Will I need to pay?
There will sometimes be an applicable fee. However, for those on restricted incomes legal aid is often available.
If you have a concern about a family member and wish to apply to the Court of Protection then contact Oratto today. We can connect you instantly with the right lawyer for you, who will be able to advise you on the appropriate approach for your circumstances. Our member lawyers are highly skilled and experienced in matters relating to the Court of Protection and the Mental Health Act, and we can help to ensure the best outcome for you and your loved ones.
Need support in family medical matters? Contact Oratto today.