Court of Protection Application – when and why is one needed?

The Court of Protection serves a critical role in safeguarding the rights and interests of individuals who lack the mental capacity to make decisions for themselves, but what exactly is a Court of Protection application, and why might it be necessary? In this introductory guide, we’ll shed light on the purpose and process of Court of Protection applications. From determining when such applications are required to unravelling the steps involved in making one, we’ll provide clarity on this often misunderstood aspect of legal proceedings.

What is a Court of Protection Application?

A Court of Protection allows someone to make decisions on the behalf of an individual, if they lose mental capacity but do not have a Power of Attorney in place.

What can the Court of Protection make decisions about?

• If the actions being taken on your behalf are appropriate
• Disagreements that cannot be settled
• A series of decisions that need to be made for you
• Removing an Attorney under a Lasting Power of Attorney
• Removing a Deputy
• Your healthcare, if there is not attorney or deputy to make the decisions
• If a Lasting Power of Attorney or Advance Decision is valid
• If a Deprivation of Liberty Safeguards authorisation has been granted lawfully

Who can apply for a Court of Protection?

• Yourself – If you have questions that the Court has the authority to decide on.
• Your legal guardian – They can apply for you if you are under 18.
• Your attorney or deputy – They do not need permission.

If someone does apply to the Court of Protection on your behalf, you should still be included.

What if I disagree with the Courts of Protections decision?

If you disagree with the Courts decision you can apply to the Court of Appeal, you may need permission to do this.

If you are going to apply to the Court of Appeal, you should obtain legal advice as soon as possible. They will be able to help establish if you are likely to get legal aid and how likely you are to win the case.

How can our experienced Wills, Probate and Trusts team help you apply to the Court of Protection or the Court of Appeal?

Our Wills, Probate and Trusts team are experts with Court of Protection and Court of Appeal application. Our Doncaster solicitors can be contacted by calling 01302 341414 or call our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.