What does the Court of Protection do?
The Court of Protection is a specialised Court operating from its own rules and processes. It serves to make decisions on behalf of individuals who lack the mental capacity to make those decisions for themselves.
The Court of Protection’s role is to ensure that any decisions made are in the best interests of these individuals whilst upholding their rights and autonomy to the greatest extent possible.
The main functions and responsibilities of the Court of Protection include:
Determining Mental Capacity
One of the core roles of the Court of Protection is to determine whether an individual has the mental capacity to make specific decisions. This assessment is made on a case-by-case basis and considers the individual’s ability to understand, retain, weigh up, and communicate relevant information. If the individual in question cannot make particular decisions, the Court will then step in on that person’s behalf
Appointing Deputies
If the court determines that an individual lacks mental capacity, and the individual has not executed a power of attorney, it can appoint deputies to make decisions on their behalf. Deputies are often family members, friends or professionals, and they must act in the best interests of the protected individual.
Making Financial Decisions
The Court of Protection has the authority to make decisions related to an individual’s property, finances and assets. This includes making decisions in relation to a person’s personal money, the management of their bank accounts, whether to sell or purchase property, and making investment decisions.
Making Health and Welfare Decisions
In some cases, the Court of Protection may also make decisions related to an individual’s health and welfare, such as medical treatments, their living arrangements, who they are permitted to have contact with, decisions concerning personal relationships, and care provisions.
Reviewing and Monitoring
The Court of Protection does have the power to regularly review any and all decisions made by deputies or attorneys to ensure they are acting in the individual’s best interests. This monitoring helps prevent abuse and ensures accountability, and offers some guidance and supervision to deputies in difficult situations.
Resolving Disputes
The court can resolve disputes related to an individual’s property and affairs (such as whether their deputy or attorney is acting correctly) and is often called on to make decisions related to the care, treatment and welfare of individuals lacking capacity. This includes disputes between family members, care providers, supervising local authorities and other parties involved in the individual’s life.
Statutory Wills and Gifts
In some cases, the Court of Protection can authorise the creation of a statutory Will for individuals who lack capacity, as well as approving gifts or transactions made on their behalf.
Upholding Human Rights
The Court of Protection operates with the overarching principle of upholding the human rights and dignity of individuals lacking capacity. Decisions made by the court aim to strike a balance between protecting the individual and respecting their autonomy.
Overall, the Court of Protection plays a vital role in ensuring that vulnerable individuals receive necessary support and help when they are unable to make specific decisions themselves due to mental incapacity. All decisions are made in that person’s best interests.
For more information on Court of Protection, don’t hesitate to consult with our expert, Lewis Hastie.
