Who Is the Court of Protection and When Might You Need It?

When a loved one loses the ability to make important decisions for themselves, families are often faced with unfamiliar legal and practical challenges. At a time when emotions may
already be running high, understanding how to protect a vulnerable person’s interests can feel overwhelming. The Court of Protection is a specialist court in England and Wales that exists to support and protect individuals who lack the mental capacity to make certain decisions for themselves. It can make decisions on their behalf or appoint someone else to do so, always with the aim of ensuring that decisions are made in the person’s best interests.

One of the most common reasons for becoming involved with the Court of Protection is where an individual can no longer manage their own financial affairs due to dementia, a
serious illness, a learning disability, or a brain injury, and no Lasting Power of Attorney has been put in place. In these circumstances, it may be necessary to apply to the Court for the appointment of a deputy. A deputy is given legal authority to make decisions on behalf of the individual, such as managing bank accounts, paying bills, handling investments, or dealing with property matters.

For example, an elderly parent may develop advanced dementia and become unable to manage their finances safely. Their family might discover that no Lasting Power of Attorney was ever signed, leaving nobody with the legal authority to access funds, pay care fees, or deal with the person’s property. A Court of Protection application may then be required to
appoint a deputy and ensure that important decisions can be made without unnecessary delay. While the process can seem daunting, obtaining the correct legal authority is essential to safeguarding the individual’s welfare and financial security.

The Court of Protection can also become involved in decisions relating to health and welfare, including care arrangements, medical treatment, and where a person should live. In some
cases, family members or professionals may disagree about what is in a person’s best interests, and the Court can provide an independent decision based on the available evidence.

The average time from application to completion is currently four to six months, sometimes it can take longer than this. We recommend that where possible Lasting Powers of Attorney are arranged as early as possible, before your loved one loses mental capacity and you need then to apply for deputyship.

Whether you are facing an urgent issue or planning for a loved one’s future care, specialist legal advice can help you understand your options and navigate the process with confidence. If you believe a family member may need the protection of the Court, our experienced team is here to provide clear, compassionate guidance every step of the way.