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What the Court of Protection does

The Court of Protection was created under the Mental Capacity Act 2005. It makes decisions, and also appoints other people (called Deputies) to make decisions, for people who lack the capacity to do this for themselves. These decisions are related to their property, financial affairs, health and personal welfare.

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

The Court has a Charter, which sets out the standard of service that anyone who uses it can expect. It covers the administration of the Court's services, rather than any decision that the Court comes to. To read the Charter, follow the link below.

If you want to complain about the service you have received from staff, follow the second link below for details on how to do this and the form to fill in.

• Download Charter - Court of Protection (PDF, 195K)

• 'I want to complain: what do I do?' - Court of Protection guidance and form Opens new window

• Help with PDF files

Reasons you might need to apply to the Court of Protection

There are a number of reasons why you might need to apply to the Court of Protection. You might want to:

• object to the registration of a power of attorney
• apply to be made a Deputy for someone
• apply to make some other decision involving a power of attorney

An order from the Court will usually be necessary for any matters related to property and the affairs of people who lack capacity to make specific financial decisions themselves.

Decisions you can make without applying

If you care for someone who lacks capacity, you can carry out certain small tasks without asking the Court. These include tasks around personal care, healthcare, or other treatment – provided that it is carried out in the best interest of the person.

What you need to do before you apply to the Court of Protection

Sometimes, even if a person is finding it difficult to come to a decision, with the right help and support they may be able to make it. So you should do everything you can to encourage and support the person.

You should consider the following:

• does the person have all the relevant information they need to be able to make the decision?
• if there is a choice, has information been given on the options?
• could the information be explained or presented in a way that is easier for the person to understand? Help should be given to communicate the information - for example, by using pictures, photographs, videos, tapes or sign language
• are there particular times of the day, when the person's understanding is better, or is there a particular place where they feel more at ease and able to make a decision?

It is also important to remember that just because the person makes a different decision from the one you would make, or a decision you consider to be unwise, this does not mean that they lack capacity to make that decision.

Before deciding to make a decision on behalf of someone else, you must reasonably believe that they lack the capacity to make that particular decision themselves. This means you need to assess their capacity yourself - although you are not expected to be an expert.

For information on how to assess someone’s capacity, follow the link below to the Mental Capacity Act’s Code of Practice. This outlines the two-stage test of capacity.

You can also get more information about making decisions for someone else in the booklet, 'Making decisions - a guide for family, friends and other unpaid carers'. Follow the second link below to read the guide.

• Mental Capacity Act 2005 - Code of Practice Opens new window

• Making decisions - a guide for family, friends and other unpaid carers (PDF, 389KB) Opens new window

• Help with PDF files

Once you have read everything you need to, and are ready to apply, follow the link below to ‘Making an application to the Court of Protection’ for details on how to make your application.

What to do if you're concerned about your own arrangements

If you have concerns for yourself, you can choose somebody you trust to make decisions on your behalf. These might be decisions about your property and affairs, or your personal welfare. This is called a Lasting Power of Attorney, or LPA.

For more information on how to do this, follow the link below.

• Managing your affairs and Lasting Power of Attorney (pensions and retirement planning section)