What does a Court of Protection do?
Under the Mental Health Capacity Act (2005), the Court of Protection safeguards mentally incapable individuals – including those with disabilities, dementia, mental illness, and brain injury – by overseeing major decisions on their behalf.
This includes matters of personal welfare, medical treatment and financial affairs, such as:
- Appointing a Professional Deputy (often a lawyer) to manage their affairs, such as paying bills, managing property, and making health care decisions.
- Creating a will for those who don’t have the capacity to do so themselves so their estate is managed in their best interests.
- Settling disputes over care or financial decisions made by attorneys or deputies.
Who can apply to the Court of Protection?
Family members, friends, carers, or professionals involved in the care of the person in question can make applications for the Court of Protection.
What happens if the person regains mental capacity?
If the person under the care of the Court of Protection regains mental capacity, they have the right to take back control of their financial and personal affairs. However, this involves several important steps, so the decision is in their best interest.
Firstly, medical evidence from a qualified healthcare professional confirming the regained capacity needs to be submitted. The Court of Protection will then review the application for a hearing and consider all evidence and testimonies.
If the Court of Protection is satisfied they are of sound mind and mental capacity, they will issue an order to discharge the deputyship and legally restore their rights. From here, they will need to notify relevant institutions about the change.
