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Court of Protection

What is court of protection?

Court of protection is if someone loses their mental capacity and have not made a Lasting Power of Attorney then they have to apply for court of protection so that the person looking after them has the rights to make any decisions on their behalf . 

The court of protection helps those people who mentally are not capable to make their own decisions. They help them to make decisions about their health or welfare, property and money.

The court also gives these rights to another person if the decisions will be happening on a long term basis. This is usually because the individual cannot make decisions by themselves anymore and the person who will be taking over is known as a deputy.

To find out more information as to what is a deputy or how a deputy can act please scroll down to the bottom. 

To apply for court of protection there are some forms that will need to be completed and a doctor's certificate is required so it can be shown to the court that the person can no longer make decisions for themselves. 

It is really important that these forms are filled in correctly or they will be sent back. It takes a long time to complete the forms and is important that you know what powers you need to apply for. 

If you need any help to fill out the forms we are here to help so that the forms are processed a lot quicker without any delays. 

Types of deputies 

There are Two categories of deputies.

Property and Financial affairs deputy

In this role you will have to pay any bills the person has and organise pensions they have. 

Personal Welfare Deputy

You make decisions about any medical treatment given to the looked after person and how to look after them.

People under the age of 16 cannot be a deputy for more information as to how the person can be looked after you will need advice from the court.

There are Two reasons as to why the court has given deputyship for the individuals personal welfare the reasons are:

• The individuals family have made an disagreement about care or any treatment which they may need

• Someone needs to be arranged so that they can make decisions as to where the individual will live.