The court of protection helps people who no longer have the capacity to make their own decisions. In most cases this is due to mental degeneration, or may be due to a mental incapability of another kind. The court will make decisions for the individual regarding care and welfare, their property, finances and health.
The Court of Protection can:
- decide whether a person has the capacity to make a particular decision alone and without external help
- make decisions about financial or welfare matters for individuals who are unable to do so
- appoint a deputy to act for someone who is unable to make their own decisions
- remove deputies or attorneys (those nominated via an Enduring Power of Attorney) who fail to carry out their duties
- decide whether a Lasting or Enduring Power of Attorney is valid
- hear cases concerning objections to the registration a Lasting Power of Attorney or Enduring Power of Attorney
You may need to apply to the court of protection to be made a deputy for a person in the case that there is not a Lasting/Enduring Power of Attorney. An Enduring Power of Attorney is the privilege given to a third party, nominated by the individual themselves, who will make their decisions for them once they are no longer capable. An Enduring/Lasting Power of Attorney must be filed before the individual has experienced any kind of mental deterioration so as to ensure it is chosen with full consideration.
If a person no longer has the ability to sign an Enduring Power of Attorney the only way to be credited with the power to help them by making their decisions on their behalf is to apply via the Court of Protection. You may need to make financial decisions, a Will, or health and welfare decisions for a person who is in able to.
Should you which to contest an already existing Enduring Power of Attorney you may do so via the courst of protection also. You may feel in position where you feel this is necessary should the individual nominated be making harmful decisions or not carrying out their role properly.
Should you be in an urgent position, it is possible to fast track application with the court of protection so as to ensure your loved one does not end up in a situation where decisions cannot be made at all, endangering their health and happiness. A specialist lawyer can help you make an application to the court of protection in the most effective way possible.