What is the Court of Protection and what do they do? Marie Tisdale, head of wills and probate at Ansons Solicitors in Cannock and Lichfield, Staffordshire, explains its purpose and the general application process.

“The Court of Protection is an arm of the court service which decides issues arising in the lives of our most vulnerable individuals, namely those who lack the mental capacity to deal with their own financial and personal affairs,” says Marie.

The Court of Protection’s main purpose is to decide issues for and protect the best interests of all vulnerable individuals who cannot make decisions themselves. It is a very busy institution and requires patience and care is to navigate it. Application is by a formal process and governed by strict rules about how information is presented and who can make an application.

The court deals with a variety of applications. Here are just a few examples of the types of matters it can deal with:

• an application made by someone who wants to be appointed as a financial deputy to act on another person’s behalf;
• an application by someone who is already a deputy but needs the court’s authority to deal with a certain matter on another person’s behalf;
• an application by someone who does not like how a deputy is dealing with an individual’s affairs and wants them removed; or
• a hospital or local authority may need permission from the court to deal with a person’s health or welfare issues.

In some cases, the court will appoint an independent third party to act on behalf of and represent the person concerned, to ensure their best interests are protected. The court will carefully consider the application made and will only decide the matter in the best interests of the person concerned. An application can be dealt with very quickly if it is urgent, but usually an application can take a number of weeks or even months to go through the court process.

You can find out more information about the Court of Protection at: https://www.gov.uk/courts-tribunals/court-of-protection.

If you believe you need to make an application to the Court of Protection for any reason, then we recommend you obtain legal advice before proceeding. Seeking legal advice early is key in ensuring that a Court application is dealt with properly from the outset.

Here at Ansons Solicitors, we have an experienced team who can help you make an application to the Court of Protection or help you with a dispute. If you would like further information or advice, please contact Marie Tisdale on 01543 267 981 or email mtisdale@ansons.law.

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.