Court of Protection

What is the Court of Protection?

The Court of Protection is a superior Court under English law, which was created under the Mental Capacity Act 2005 to have jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.

There are a number of reasons you might need to apply to the Court of Protection such as;

• Asking the Court to make a decision about someone’s property and financial affairs or their health and welfare.
• Applying to be made a deputy for someone – a deputy is someone who is appointed by the Court of Protection to deal with the day to day running of the individuals finances and property.
• If you want to make a Will on someone else’s behalf.
• If you want to object to the registration of a Power of Attorney.

Ian Macara, Partner at Bennett Griffin and head of the private client team is one of only 71 Panel Deputies approved by the Court of Protection to manage the affairs of individuals who have lost capacity and are at risk and who don’t have a Power of Attorney or have previously had unsuitable Attorneys or Deputies.