The Court of Protection – Did you know?

30 May 2019

The Court of Protection is a special court set up to handle matters related to individuals without the capacity to make decisions on themselves. It functions under the guidance of the Mental Capacity Act 2005, and it must always make decisions in line with the best interests of a patient. The law allows the Court of Protection to make decisions for people who lack the capacity to do so or appoint Deputies to make the decisions. Reliable law tutors in London can help you to understand what these courts are all about.

The Court’s Jurisdiction

A person’s capacity to make sound decisions may be impaired by accidents, dementia, and mental illnesses. When family members feel that their relative has lost the capability to make decisions on their own, they can file an application at the Court of Protection. Some of the things that the court can do include:

• Determine if a person is capable of making decisions on their own
• Make decisions on financial and medical matters for those who can’t do so on their own
• Alternatively, the court may appoint a deputy to make the decisions
• Remove attorneys and deputies who are failing in making these decisions
• Hold hearings on objections to Lasting or Enduring Power o Attorney
• Determine the validity of a Lasting or Enduring Power of Attorney

Criticism

In spite of its importance in protecting some of the most vulnerable members of the society, The Court of Protection has been criticised for taking the freedom of Deputies and placing large sums of money in accounts controlled by the court. Furthermore, the process of applying for the release of the monies can be long and tedious.

The Takeaway

Despite the criticism that the Court of Protection has been facing, it has proven to be a safety net that is committed to protecting the vulnerable. Get in touch with Advanced Law Tutors for an opportunity to learn more about the court from our experienced law tutors.