Court of Protection

It can be a very daunting prospect if your loved one loses their mental capacity and the bills keep rolling in. Someone needs some authority to act for them but they can’t make a Lasting Power of Attorney.

At Acorn Solicitors we specialise in helping clients who have loved ones in this position by making applications to the Court of Protection.

The Court of Protection make decisions on behalf of people who lack mental capacity. They make decisions surrounding financial or welfare matters and can also make Statutory Wills (i.e. Wills for people who don’t have the capacity to make them themselves).

The Court of Protection has the power to appoint deputies to make ongoing decisions for people who lack mental capacity. Applying to the Court of Protection can be complex and we can do this for you with our expert knowledge.

The Court of Protection (“the Court”) was established by the Mental Capacity Act 2005 (“the Act”) and is a superior court of record.

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The Court:

  • Decides whether a person has capacity to make a particular decision;

  • Makes declarations, decisions and orders on financial and welfare matters affecting people who lack capacity;

  • Appoints Deputies to make decisions for people who lack capacity and who are unable to make decisions themselves;

  • Removes Deputies or Attorneys, if required to do so; and

  • Decides whether an Enduring Power of Attorney (EPA)/Lasting Power of Attorney (LPA) is valid.

The Court will be asked to make decisions in situations where there is no valid EPA or LPA, or when an EPA/LPA does not give authority to make a particular decision (for example with regard to gifting or investment).

If you need any help with an application to the Court of Protection then please contact us and we will be delighted to advise and assist.