What is the Court of Protection?

September 22, 2016

The Court of Protection was set up to assist people who are not capable of making their own decisions, due to a mental incapacity. Decisions are made for them regarding their finances, health and any other legal matters which could have a lasting impact on their lives.

In 2015, the Court of Protection ruled that a mentally challenged woman with an IQ of 70 was to be sterilised. She already had six children and another pregnancy would have put her life, and the life of her unborn child, in serious danger, due to the thinning of her Uterus.

What is a Court of Protection deputy?

A Court of Protection Deputy is a usually a friend or relative of the person who is not able to make decisions. If you are not a direct relative, you may need to go through the courts to become an official deputy.

It’s also not unheard of for a deputy to be a trusted solicitor, which is beneficial if the decisions that need to be made require a knowledge of the law.

It’s up to the court to decide what decisions you can make as a  deputy, but it is possible for you to apply through the court for more power over the decisions in the future. This is especially relevant if your friend or relative has a deteriorating disease such as Alzheimer’s.

In cases where your friend or relative may suffer physical, mental or financial harm in the near future, it is possible to make an emergency Court of Protection application. In these instances, it’s advisable that you seek legal assistance with the application. We can help with getting these types of forms completed quickly.

How do I apply for the Court of Protection?

To apply for the Court of Protection, you will need to fill out some forms to give more information about the person and your relationship to them. You’ll also need to provide a doctor’s certificate with details of why they cannot make their own decisions.

Don’t be tempted to rush the forms. Sometimes it can take a long time to get all of the correct information for a successful application. If any of the information on the forms is incorrect, the forms will be sent back.

For more information on applying for Court of Protection, and more information on being a deputy, contact us and we will get back to you as soon as possible

Contact Us

If you are interested or require any information on any of our services then please get in touch for an appointment on:

 01925 571 212
Mon-Fri: 9am - 5pm

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