Court Of Protection - LCS Legal Dawlish

Court of Protection

Where a person lacks the mental capacity to manage their own affairs and has not made an LPA, an application should be made to the Court of Protection for someone to be appointed as their Deputy.

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The Court of Protection has the power to:

1

Decide whether a person has the capacity to make a particular decision for themselves

2

Make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions

3

Appoint deputies to make decisions for people lacking capacity to make those decisions

4

Decide whether an LPA or EPA is valid

5

Remove deputies or attorneys who fail to carry out their duties

6

Hear cases concerning objections to register an LPA or EPA and make decisions about whether or not an LPA or EPA is valid

Where a person lacks the mental capacity to manage their own affairs and has not made an LPA, an application should be made to the Court of Protection for someone to be appointed as their Deputy.

The Court would consider the eligibility of that person to act as a Deputy prior to agreeing to the application. The Court has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court. In reaching any decision, the Court must apply the statutory principles set out in the Mental Capacity Act. It must also make sure it's decision is in the best interests of the person who lacks capacity.

  • Anyone over the age of 18 who lacks mental capacity and does not have a valid LPA
  • Parents of a child born with mental health disabilities will need to make an application to become their child's Deputy once that child reaches the age of 18
  • Anyone else deemed vulnerable by the Court
  • Someone who has either had an Attorney who is unable or unwilling to act, or an Attorney who has died, or where an Attorney is deemed unsuitable.

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