Court of Protection
The Court of Protection was established under the terms of the Mental Capacity Act 2005, which came into force on 1 October 2007.
It is a specialist court which makes specific decisions or appoints other people known as deputies to make decisions on behalf of people who lack the capacity to do so for themselves.
The Court of Protection can:
- decide whether a person ‘has capacity’ (is able) to make a particular decision for themselves
- make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make these decisions
- appoint a deputy to make ongoing decisions for people lacking capacity to make those decisions
- decide whether a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) is valid
- remove deputies or attorneys who fail to carry out their duties
- hear cases concerning objections to register an LPA or EPA.
Cases are heard by Circuit, District and High Court Judges, at the central registry in Holborn, and at courts throughout England and Wales.
Hearings are normally in public, but the court retains the power to sit in private.