The Court of Protection (CoP) was established under the terms of the Mental Capacity Act 2005 (MCA). It is a specialist court which makes specific decisions under the MCA, or appoints other people known as deputies to make decisions on financial or welfare matters for people who cannot make decisions at the time they need to be made, that is they lack mental capacity. Generally the CoP makes decisions in disputed or complex cases.
If it is not possible to make a decision for an individual who lacks the mental capacity within their best interest as set out in the MCA, or if someone wishes to object to a decision made under the MCA, the CoP is ultimately able to make these decisions.
Anyone can make an application to the CoP if they feel they have just cause. Usually people making applications will be:
- the person who lacks capacity (or is alleged to lack capacity)
- a Lasting Power of Attorney (LPA)/ Enduring Power of Attorney (EPA)
- a court appointed deputy
- a person named in an existing court order
- NHS Trusts which need to make a decision about serious medical treatment for a person who lacks capacity
- local authorities which have concerns about decisions affecting the person's welfare
- family members who disagree amongst themselves or with an agency about what's in the best interests of the person lacking capacity
- family or friends who wish to seek authority to manage the affairs of a person who is lacking capacity to make decisions about their own affairs
Responsibilities
The Court of Protection's responsibilities include:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a LPA or EPA and considering any objections to registration
- making decisions about when someone can be deprived of their liberty under the MCA