Court of Protection
(CoP)
The specialist court established by the Mental Capacity Act 2005 that makes decisions about the property, affairs, health, and welfare of people who lack mental capacity in England and Wales. Sits at locations across England and Wales; routine matters handled at the regional hubs.
The Court of Protection has jurisdiction over: appointment of deputies for those without LPAs, statutory wills, gifts above the deputy's authority, sale of P's home, disputes about best interests decisions, deprivation of liberty authorisations not covered by DoLS, financial abuse cases. Most applications are heard on papers (without an oral hearing). Senior judges hear contested or complex cases at the Royal Courts of Justice. The Court of Protection Rules 2017 govern procedure. The court is supervised by the Office of the Public Guardian for deputyship arrangements.
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Related guides
Court of Protection Basics
The Court of Protection is a specialist court in England and Wales that deals with matters affecting adults who lack or may lack mental capacity. It can make declarations about capacity, authorise decisions about property, finances, health, and welfare, and appoint deputies to make ongoing decisions on someone's behalf.
6 min
Applying to Become a Deputy at the Court of Protection
When someone loses mental capacity to make their own decisions and has no Lasting Power of Attorney in place, family or others may need to apply to the Court of Protection to be appointed as a deputy. The process takes 4-9 months and costs around £400 in fees plus solicitor charges. The deputy then makes decisions on the person's behalf under the Court's supervision. This guide explains when it's needed, the forms, and the supervision regime.
11 min