Court of Protection FAQs

The Court of Protection is a specialist court in England and Wales that safeguards the rights of people who lack mental capacity to make certain important decisions for themselves. Governed by the Mental Capacity Act 2005, it can decide everything from day-to-day welfare issues to high-value financial arrangements—always guided by the person’s best interests.

Primarily, it protects adults (and occasionally children) who, due to illness, injury, learning disability or age-related conditions such as dementia, cannot make specific decisions independently. It also supports families, carers and professionals who need legal authority to act on someone’s behalf and want the reassurance that those actions are lawful and properly supervised.

The Court steps in when:

1. There’s no valid Lasting Power of Attorney (LPA) and urgent choices be it medical, welfare or financial must be made.
2. Disagreements arise between family members, professionals or local authorities about what’s best for the person lacking capacity.
3. A court declaration is required to confirm whether an individual has (or lacks) capacity to make a particular decision.
4. Complex or high-value transactions for example, selling a home to fund care, need independent judicial approval.

“Mental capacity” is the ability to understand, retain and weigh up relevant information, and then communicate a decision. It is decision- and time-specific: a person may have capacity to manage day-to-day spending yet not to handle an intricate investment. Capacity can also fluctuate (for example, during recovery from illness), so assessments must focus on each specific decision and moment in time.

Yes, but only in limited circumstances. If an Attorney is not acting in the donor’s best interests, exceeds their powers or there is evidence of abuse or mismanagement, the Court can restrict or even revoke the LPA. It may then appoint a Deputy or make one-off decisions or manage the donor’s affairs.

A Deputy is a person or professional appointed by the Court of Protection to manage the property, financial affairs and/or personal welfare of someone who lacks capacity and who has no valid LPA in place. Deputies must file annual reports, keep accounts and always act in the person’s best interests. Professional Deputies (such as a solicitor) are regularly chosen for complex estates or where family dynamics are delicate.

A Panel Deputy is a solicitor approved by the Court of Protection to manage the affairs of someone who lacks mental capacity and has no suitable family member to act on their behalf. They are selected from an official list held by the Office of the Public Guardian, based on their expertise and experience.

Panel Deputies are usually appointed in cases involving vulnerable individuals, family disputes, or complex estates. They are trusted to act independently, always in the person’s best interests, and must report regularly to the Court.

At our firm, we are proud to have Veronica Mullins appointed as a Panel Deputy, reflecting our strong reputation in Court of Protection work and commitment to safeguarding those who need it most.

No. While many applications relate to property and financial matters, the Court can also rule on:

• Health and welfare decisions (e.g., where someone should live, or consenting to serious medical treatment).
• Deprivation of liberty safeguards when a person is placed in a care setting and their freedom is restricted for safety reasons.
• Statutory Wills for those who need one but cannot execute it themselves.

1. Capacity evidence – Obtain a formal assessment from an approved medical professional.
2. Complete the application forms – Form COP1 (general application) plus COP3 (capacity assessment) and any supplementary schedules.
3. Pay the court fee – Concessions are available for low-income applicants.
4. Notify relevant parties – You must formally serve the application on anyone who needs to know, such as close family, existing Attorneys or the local authority.
5. Await directions – The Court may invite written objections, list a hearing, or grant the order on the papers. Straightforward deputyship applications can be finalised in 4–6 months but often take longer because of court delays; urgent welfare matters can be heard within days.

These three legal mechanisms all involve making decisions on behalf of someone else, but they serve different purposes, apply to different people, and are made under different areas of law. Here’s a breakdown to help clarify:

Guardianship Order (Mental Health Act 1983)

Purpose:
This is not about children, but about adults with serious mental health conditions. A Guardianship Order is made under the Mental Health Act 1983, allowing someone (usually a local authority) to make certain decisions on behalf of a person who has a mental disorder and cannot make decisions safely themselves.

Key points:

• Usually applies when someone needs support in the community after leaving hospital.
• The guardian can decide where the person lives and require them to attend medical appointments.
• It does not give control over finances.
• It’s used as an alternative to hospital detention (Section 3).
• Orders last for six months initially, then can be renewed.

Best for:
Adults with long-term mental health needs who require a structured, supervised care plan but do not need to be detained in hospital.

Special Guardianship Order  (Children Act 1989)

Purpose:
A Special Guardianship Order gives long-term parental responsibility for a child to someone who is not their birth parent, usually a family member or close friend. It’s stronger than a Child Arrangements Order, but less permanent than adoption.

Key points:

• Special Guardians have enhanced parental responsibility, allowing them to make day-to-day decisions about the child’s upbringing.
• The child remains legally connected to their birth parents, but the Special Guardian has priority in decision-making.
• The birth parents’ rights are limited—they can’t remove the child or overrule major decisions without court involvement.
• Often used when adoption is not appropriate, but long-term stability is needed.
• Requires a full assessment and recommendation by the local authority.

Best for:
Children who cannot live with their parents, but for whom adoption would sever important family ties.

Deputyship (Mental Capacity Act 2005)

Purpose:
A Deputyship is used when an adult lacks mental capacity to manage their affairs, and no Lasting Power of Attorney is in place. The Court of Protection appoints a Deputy to make decisions on that person’s behalf.

Key points:

• There are two types: Property & Financial Affairs and Health & Welfare.
• Deputies are supervised by the Court of Protection and must file annual reports.
• The process requires a medical assessment of capacity.
• Deputies can be family members or professionals (like solicitors).
• It can take several months to put in place.

Best for:
Adults who’ve lost capacity (e.g. through dementia, brain injury or illness) and need someone trustworthy to manage their finances or personal decisions.

A Deprivation of Liberty Safeguards (DoLS) authorisation is a legal process used when a person who lacks mental capacity is being cared for in a way that restricts their freedom. This typically applies in settings such as care homes or hospitals where the person is under continuous supervision and is not free to leave.

Although these restrictions may be necessary for the person’s safety, they must be officially authorised to ensure their rights are protected. The care provider must apply to the local authority, which will carry out a series of independent assessments before a DoLS authorisation can be granted.

If you are unsure whether a DoLS applies or if you are concerned about the restrictions in place for a loved one, our specialist team can offer clear advice and support.

If you are concerned about a DoLS authorisation or believe that someone is being kept in a place that is not right for them, you have the right to challenge the decision through the Court of Protection.

The Court can review whether the care arrangements are in the person’s best interests and decide whether they should stay where they are or move somewhere else. This might involve looking at whether they would be happier or safer living with family or in a different care setting.

You can apply to the Court yourself, or we can make the application on your behalf. Legal aid is often available for these cases, depending on your circumstances.

If you are unsure where to start, our experienced team can guide you through the process and help make sure your loved one’s voice is heard.

Claudia’s Law is the informal name for the Guardianship (Missing Persons) Act 2017. It allows families to manage the property and financial affairs of a loved one who has been missing for a significant period of time. The law is named after Claudia Lawrence, a woman who disappeared in 2009, and whose family campaigned for legal reform to help others facing similar situations.

Before this law came into force, families had no legal authority to deal with the financial matters of a missing person. This meant mortgages could go unpaid, accounts could not be accessed, and essential decisions could not be made.

Under Claudia’s Law, once a person has been missing for ninety days or more, a close relative or trusted person can apply to the High Court to be appointed as a Guardian of the missing person’s property and affairs.

The Guardian can then:

• Manage bank accounts
• Pay bills and debts
• Maintain or sell property
• Handle income or assets
• Take steps to protect the missing person’s interests

The court will usually grant guardianship for up to four years at a time. The Guardian must act in the best interests of the missing person and must provide regular reports to the court.