For centuries English law has provided a Court for people who lack the mental capacity (be it by age related illness, accident or otherwise) to make important decisions about their affairs and how they are to be treated and cared for.
The Court of Protection is a specialist Court to safeguard people who lack mental capacity to make decisions for themselves. In limited circumstances the Court of Protection may also become involved in a matter concerning a child.
If it is proved that a person does not have mental capacity, the Court of Protection can make decisions for him or her about finances, welfare and medical treatment and other matters. The Court can appoint others, called deputies, to become responsible for the management of that person's affairs and welfare.
Referral to the Court of Protection
The Court of Protection will have authority to decide issues when a person lacks mental capacity. The sort of situations concerning a person who lacks (or is alleged to lack) mental capacity which might be referred to the Court of Protection include:
Appointing a deputy for someone who does not have a lasting power of attorney or enduring power of attorney;
Unlike many other firms, we have particular expertise in international cases. We are increasingly instructed in cases involving the wrongful removal of vulnerable relatives from this jurisdiction, by family members.