Applications To The Court of Protection

What Is The Court Of Protection?

The Court was restructured following the Mental Capacity Act 2005 to have jurisdiction over the property, financial affairs and personal welfare of anyone who lacks the mental capacity to make an informed decision for themselves.

There are a number of reasons an application to the Court may be needed, such as:

• Applying to become a Deputy for someone who lacks the capacity to manage their affairs or make decisions
• Asking the Court to authorise a Will on someone else’s behalf, known as a Statutory Will
• Challenging decisions made by an existing Attorney or Deputy
• Asking the Court to authorise a lifetime gift for inheritance tax planning purposes
• Asking the Court to authorise family care payments
• Obtaining Court authority to sell a property where a joint owner has lost capacity