The Court of Protection

Advice and assistance from Cohen Cramer Solicitors

The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who it claims lack the mental capacity to make decisions for themselves.

The following list is some typical examples of Court orders made to help deal with a person’s affairs:-

  • For the removal of an attorney who is abusing their position.
  • For the appointment of what is known as a ‘Deputy’ (this could be you) to stand in the shoes of the person who has lost capacity and deal with all or part of their financial affairs and/or welfare on their behalf.
  •  Rejecting the registration of a power of attorney to someone who is unsuitable.
  •  For a Will to be made on behalf of a person who has lost mental capacity to make the Will themselves.

Who Can Apply to the Court of Protection?

Anybody can seek permission to apply to the Court of Protection on behalf of somebody who lacks mental capacity but in most cases it is normally a family member or close friend or professionals and paid carers.

Why Apply to the Court of Protection?

There are many reasons why you might make an application to the Court of Protection but each reason is normally on the basis that a vulnerable person needs protection either from themselves or from abuse.

  • Are you concerned for a relative or friend who may not have the mental capacity to manage their affairs?  This could be due to the unfortunate consequences of dementia, or learning difficulties or an accident.
  • It may be that someone who holds a power of attorney is not acting in the best interests of that person.
  • You may believe that someone you care for is being financially abused.

If any of the above or something similar is happening to your relative or friend you can help them by applying to the Court of Protection.  There are various ways that the Court can help.

The rules governing applications to the Court of Protection can be complex and the process itself time-consuming. We will give you specialist advice or representation throughout the application process.   We can also act as a professional Deputy if required.

Contact the team at Cohen Cramer for clear, sensitive, professional advice:

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