Court of Protection orders
The Court of Protection decides on financial or welfare matters for people who can no longer do so themselves because of mental incapacity. The proposed ‘deputy’ will need to apply to the court, rather than the person needing the help.
When could I consider a Court of Protection order?
A Court of Protection order is an option if the person needing help has lost mental capacity and they don’t have a power of attorney, or anyone else to help manage their finances.
There are several reasons people may lack mental capacity, for example:
- they’ve had a serious brain injury or illness
- they have dementia
- they have severe learning disabilities
The Court of Protection authorises deputies to make decisions on behalf of the person needing help (the donor).
The application can be a lengthy process for deputies. The court will need to make sure it's safeguarding those people who can no longer manage or look after their own affairs. While this is in progress, we can still pay essential bills from the person’s account.
The Court of Protection (COP) was created under the Mental Capacity Act 2005. It makes and appoints other people to make decisions, for people who lack the capacity to do this for themselves. These decisions relate to the property and affairs, and healthcare and personal welfare of adults (and occasionally children) who lack capacity.
Address:
Archway Tower
2 Junction Road
London
N19 5SZ
Phone: 0300 456 4600
Text phone: 020 7664 7755