What Does a Court of Protection Do?

When a loved one loses the ability to make decisions for themselves, it can quickly become overwhelming. You may suddenly need to manage their money, make decisions about care, deal with banks, or speak to medical professionals. In many situations, you cannot legally do these things without proper authority.

This is where the Court of Protection becomes important.

The Court of Protection is a specialist court in England and Wales that makes decisions for people who lack mental capacity. It helps protect vulnerable individuals and ensures important decisions about their finances, property, health, and welfare are made legally and in their best interests.

Many people only hear about the court when a family crisis happens, such as dementia, a serious accident, or a medical condition affecting decision-making abilities. Understanding what the court does can make the process far less confusing.

What Is the Court of Protection?

The Court of Protection is a UK court that deals with matters involving adults who cannot make certain decisions for themselves because they lack mental capacity.

The court operates under the Mental Capacity Act 2005, which sets out the legal framework for assessing mental capacity and protecting vulnerable adults.

The court can:

• Decide whether someone lacks mental capacity
• Appoint a deputy to make decisions
• Resolve disputes about care or finances
• Authorise important financial transactions
• Make decisions about medical treatment
• Supervise attorneys and deputies
• Protect vulnerable people from abuse or exploitation

The court’s role is not to punish people or settle criminal matters. Instead, it exists to safeguard individuals who cannot fully protect their own interests.

What Does “Lacking Mental Capacity” Mean?

Mental capacity means being able to make a decision for yourself.

Under UK law, someone may lack mental capacity if they cannot:

• Understand information related to a decision
• Remember the information long enough
• Weigh up the information properly
• Communicate their decision

A person’s capacity can vary depending on the decision involved. For example, someone may still be able to decide what clothes to wear but may not understand complicated financial matters.

The law also assumes every adult has capacity unless proven otherwise.

When Does the Court of Protection Become Involved?

The court usually becomes involved when important decisions cannot legally or safely be made without court authority.

Common situations include:

• A parent develops dementia
• Someone suffers a brain injury after an accident
• A person has severe learning disabilities
• There is disagreement about medical treatment
• Family members dispute financial decisions
• No valid Lasting Power of Attorney exists
• Someone may be financially abused

In many cases, families first discover the court when banks, care homes, or hospitals refuse to accept instructions without legal authority.

What Financial Decisions Can the Court Make?

One of the court’s main responsibilities is dealing with property and financial affairs.

This can include:

• Managing bank accounts
• Paying bills
• Collecting pensions
• Handling investments
• Selling property
• Buying property
• Managing debts
• Accessing savings
• Signing legal documents

If a person loses mental capacity without setting up a Lasting Power of Attorney, family members often need permission from the court before they can manage finances.

For example, if your mother develops advanced dementia and can no longer manage her money, you cannot automatically access her bank account or sell her home. You may need to apply to the court to become her deputy.

What Is a Deputy?

A deputy is someone appointed by the Court of Protection to make decisions for a person who lacks capacity.

There are two main types of deputyship.

Property and Financial Affairs Deputy

This deputy manages financial matters, including:

• Paying bills
• Managing savings
• Dealing with benefits
• Selling property
• Handling taxes

This is the most common type of deputyship.

Personal Welfare Deputy

This deputy makes decisions about:

• Medical treatment
• Care arrangements
• Living arrangements

Personal welfare deputies are less common because courts usually prefer healthcare professionals and families to make decisions together unless serious disputes arise.

What Is the Difference Between a Deputy and an Attorney?

Many people confuse deputyship with a Lasting Power of Attorney (LPA), but they are different.

A Lasting Power of Attorney is created while someone still has mental capacity. It allows them to choose trusted people to make decisions later if capacity is lost.

A deputy, however, is appointed by the court after a person has already lost capacity.

If a valid LPA exists, the attorney can usually act without needing the court.

If there is no LPA, the Court of Protection may need to appoint a deputy instead.

What Decisions Can the Court Make About Health and Welfare?

The court can also make decisions about healthcare and personal welfare.

These cases are often sensitive and emotional.

The court may decide:

• Where someone should live
• Whether someone should move into a care home
• Serious medical treatment issues
• Contact with family members
• Care arrangements
• Deprivation of liberty matters

For example, disagreements sometimes arise between doctors and family members about treatment or care arrangements. The court can step in and make a legal decision based on the person’s best interests.

How Does the Court Decide What Is in Someone’s Best Interests?

The Court of Protection must always act in the person’s best interests.

This is one of the most important principles under the Mental Capacity Act 2005.

The court considers:

• The person’s wishes and feelings
• Their beliefs and values
• Medical evidence
• Views of family members
• Professional opinions
• Whether the person may regain capacity

The court tries to involve the person as much as possible, even if they cannot make the final decision independently.

Can the Court Authorise the Sale of Property?

Yes. The court can authorise the sale of a property belonging to someone who lacks mental capacity.

This often happens when:

• Care home fees need to be paid
• A property is empty
• The person permanently moves into care
• Funds are needed for medical treatment

Even if you are a family member, you usually cannot sell someone else’s property without proper legal authority.

If you are already appointed as deputy, you may still need additional permission from the court in some situations.

Can the Court Remove an Attorney or Deputy?

Yes. The court can investigate concerns about attorneys or deputies and remove them if necessary.

This may happen if someone:

• Misuses money
• Acts dishonestly
• Fails to act in the person’s best interests
• Neglects their duties
• Exploits a vulnerable person

The court takes safeguarding very seriously.

The Office of the Public Guardian often works alongside the court to supervise attorneys and deputies.

What Happens During a Court of Protection Application?

The process usually involves several stages.

Completing the Application

You must submit forms explaining:

• The decisions needed
• The person’s circumstances
• Why court involvement is necessary

Medical Evidence

A medical professional must confirm the person lacks mental capacity for the relevant decisions.

Notification Process

Certain family members and interested parties may need to be informed.

Court Review

The court reviews the evidence and decides whether a hearing is required.

Final Decision

The judge issues an order explaining what authority is granted.

Some straightforward applications are handled using paperwork only, while more complex disputes may involve hearings.

How Long Does a Court of Protection Application Take?

The process is not usually quick.

Straightforward deputyship applications often take several months.

Complex welfare disputes or contested cases can take much longer.

Delays may happen because:

• Medical evidence is incomplete
• Family members disagree
• Additional information is required
• The court has a backlog

If urgent action is needed, emergency applications may sometimes be possible.

How Much Does It Cost?

There are several possible costs involved, including:

• Court application fees
• Medical assessment fees
• Solicitor fees
• Deputy supervision fees
• Security bond costs

The exact amount depends on the type of application and whether legal advice is needed.

In many cases, costs are paid from the funds of the person lacking capacity rather than by the family member personally.

Do You Need a Solicitor?

You are not legally required to use a solicitor for Court of Protection matters.

However, many people choose legal advice because the process can be complicated, especially where:

• Property sales are involved
• Family disputes exist
• Large sums of money are involved
• Welfare disagreements arise
• Urgent applications are needed

A solicitor can help ensure forms are completed correctly and reduce delays.

Can Family Members Disagree?

Yes, and disputes are unfortunately common.

Disagreements may involve:

• Who should become deputy
• Selling a property
• Medical treatment
• Care home decisions
• Financial management

The court’s role is not to favour one family member over another. Instead, it focuses on what is legally in the best interests of the vulnerable person.

Does the Court Only Deal With Elderly People?

No.

Although many cases involve dementia and older adults, the court also deals with younger people who lack capacity because of:

• Brain injuries
• Learning disabilities
• Mental health conditions
• Neurological illnesses
• Serious accidents
• Developmental disorders

The court protects adults of all ages.

Is the Court of Protection a Bad Thing?

Many people feel anxious when they hear the words “Court of Protection” because it sounds formal and intimidating.

In reality, the court exists to protect vulnerable individuals and provide legal clarity during difficult situations.

Without the court:

• Families may have no authority to help loved ones
• Financial abuse could go unchecked
• Important medical decisions could remain unresolved
• Vulnerable people could be left unprotected

Although the process can feel stressful, the court’s main purpose is safeguarding and legal protection.

Conclusion

The Court of Protection plays an important role in protecting adults who cannot make certain decisions for themselves.

It deals with financial matters, healthcare decisions, deputyship appointments, property sales, and disputes involving mental capacity. The court ensures decisions are made lawfully and in the person’s best interests.

If someone close to you loses mental capacity, understanding how the Court of Protection works can help you take the right steps and avoid unnecessary confusion during an already difficult time.