Glossary · UK
What is Court of Protection?
The specialist court in England and Wales that makes decisions for, and appoints deputies to act for, people who lack the mental capacity to decide for themselves.
Full Definition
The Court of Protection is a specialist court in England and Wales that deals with decisions and disputes involving people who lack the mental capacity to make specific decisions for themselves, under the Mental Capacity Act 2005. Its main roles include: appointing a deputy (for property and financial affairs, or personal welfare) when someone loses capacity without a registered Lasting Power of Attorney in place; ruling on disputes over the validity or use of an LPA; making one-off decisions about a person's finances, care, or medical treatment when urgently needed; and authorising serious medical treatment decisions in contested cases. Applying for a deputyship order is generally slower (often several months) and more expensive than registering an LPA in advance, and deputies are subject to ongoing supervision by the Office of the Public Guardian, including annual reports on how they have managed the person's affairs -- which is the main reason advisers strongly recommend putting an LPA in place while someone still has capacity, rather than relying on a deputyship after the fact.