Court of Protection

The Court of Protection is a Court created under the Mental Capacity Act 2005. It protects the property, financial affairs and personal welfare of people who lack the mental capacity to make their own decisions and are no longer capable of making their own Lasting Power of Attorney.

When a loved one loses mental capacity and is no longer able to manage their property and affairs and there is no Lasting Power of Attorney in place, it can be very stressful and there may be pressing family and financial issues which need to be resolved. An application may need to be made to the Court of Protection for an appropriate person to be appointed as that person’s deputy.

A deputy is granted authority by the Court of Protection to assist the person lacking capacity in managing their affairs and the deputy will be able to do things like access the person’s bank accounts to deal with day to day living expenses and even sell their property on their behalf.

Applications to the Court of Protection are lengthy and time consuming and strict procedures need to be adhered to. Moxon & Barker can assist you in making this application and ensure that it is completed as efficiently and swiftly as possible.