What is the Court of Protection?
In the United Kingdom, the Court of Protection is a legal body that makes decisions on behalf of people who lack the mental capacity to make decisions for themselves. The court can appoint a guardian or deputy to make decisions on behalf of the person, and can make decisions about their property, finances, and personal welfare.
The number of applications to the Court of Protection has been increasing in recent years. In 2017-18 (the last year we have stats for before Covid-19 influenced things), there were 5,421 applications to the court, an increase of 8% from the previous year. This is likely due to an increase in awareness of the court’s existence and its ability to help those who cannot help themselves.
The UK’s Court of Protection has been increasingly used in recent years to make decisions on behalf of individuals who lack the mental capacity to do so themselves. While this may seem like a benevolent way to protect vulnerable people, there are some risks associated with this option.
Is the Court of Protection the same as other Courts?
Firstly, the court is not bound by the same rules as other courts when it comes to evidence and procedure. This means that vulnerable people may not have their rights adequately protected. Secondly, the court is not transparent and its decisions are often made in secret, which makes it difficult for family members and friends to understand why certain decisions have been made.
Finally, and perhaps most worryingly, the court has the power to make life-changing decisions without the consent of those affected. Whilst it is prudent to be aware of these risks the Court of Protection is widely regarded as a trusted option for those who wish to protect vulnerable individuals.
For what purpose are applications made for?
The majority of applications to the court are made by family members or friends of the person who lacks capacity. These applications are often made in order to get permission to access their bank accounts or make decisions about their care.
When someone loses the mental capacity to make decisions about their own welfare or finances, the Court of Protection can appoint a ‘deputy’ to make decisions on their behalf. Applying to be a Deputy is a lengthy and costly process, and so, where possible, it is important to have Lasting Powers of Attorney in place. If a disabled person does not have the necessary capacity to make Lasting Powers of Attorney, it is important to start the Deputy process early and before an urgent decision is needed.
A deputy can be a family member, friend or professional. If you’re thinking about applying to be a deputy, you must get legal advice from a solicitor before you apply to the court.
Contact rhw’s Wills, Trusts and Estates Team for more details of how they can help you. email: wills@www.rhw.co.uk call: 01483 302000
