What Is The Court of Protection And What Do They Do?

If someone close to you has lost mental capacity, don’t worry. You can apply to the Court of Protection for deputyship which grants you permission to make important decisions on their behalf.

For more information, please call us directly on 0203 007 5500 or send us an email via [email protected].  

What is the Court of Protection?

The Court of Protection is created under the Mental Capacity Act 2005 to protect anyone who has lost mental capacity.

In a circumstance where someone has lost mental capacity and hasn’t appointed a lasting power of attorney (LPA) or enduring power of attorney (EPA), you can apply to the Court of Protection to become a deputy for that person. A deputy can make decisions regarding someone’s property and financial affairs or health and welfare.

What requirements must I meet to apply to the Court of Protection?

To make an application to the Court of Protection, you must meet two strict requirements, which are:

• You’re a person (not a company, for example).
• You’re over the age of 18.

Normally, someone who applies for deputyship from the Court of Protection will be a close friend or relative of the person who has lost mental capacity.

How do I apply?

To apply to the Court of Protection, you will need to complete at least four application forms alongside an accompanying doctor’s certificate. This doctor’s certificate will confirm to the court that the person in question is no longer capable of making their own decisions.

The deputyship forms you will need to complete will depend on whether you’re applying to make decisions regarding the persons:

• Health and welfare.
• Property and financial affairs.

You can apply to be deputy for one of the above or both. If the Court of Protection accepts your application, you’ll get a court order outlining your decision making powers.

Court of Protection forms.

As mentioned prior, the forms you need to complete depend on whether you’re applying to make decisions regarding someone’s health and welfare or property and financial affairs.

1. Health and welfare

Form Name	Form Number
Application	COP1
Assessment of capacity	COP3
Annex A supporting information	COP1A
Witness statement	COP24
Proceedings about you in the Court of Protection	COP14
Certificate of notification/ non-notification of the person to whom the proceedings relate	COP20A
Notice that the application has been issued	COP15
Acknowledgement of service/ notification	COP5
Certificate of service/ non-service/ non-notification	COP20B

2. Property and financial affairs

Form Name	Form Number
Application	COP1
Assessment of capacity	COP3
Annex B supporting information	COP1B
Witness statement	COP24
Proceedings about you in the Court of Protection	COP14
Certificate of notification/ non-notification of the person to whom the proceedings relate	COP20A
Notice that the application has been issued	COP15
Acknowledgement of service/ notification	COP5
Certificate of service/ non-service/ non-notification	COP20B

What if I disagree with the court’s decision?

It’s possible to challenge a decision made by the Court of Protection by making an application to the Court of Appeal. However, making this application to the Court of Appeal can be a highly complex process. Therefore, it’s beneficial to instruct a solicitor to ensure you have the best chance of your application being accepted.