The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.

Essentially, there is a presumption that everyone has capacity to manage their affairs, and in each and every case, if in doubt, capacity must be considered. So, a person may be capable of deciding what they want to eat and drink but not to deal with their money.

The Court of Protection can: decide whether a person ‘has capacity’ (is able) to make a particular decision for themselves. make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make these decisions.

If it is felt that you no longer have the capacity to make an LPA and you do not already have in place an Enduring Power of Attorney or LPA, the Court of Protection is the only avenue available to allow someone a deputy to make a decision on your behalf.

The guiding principle to apply in every case, where capacity is lacking, is what is in that individual’s best interest.

If you have capacity, you have ‘the right to be wrong’; ie it’s your decision. If you want help with decision making you can appoint an Attorney – see Office of the Public Guardian.

For more information the Court of Protection has information on GOV.UK pages here: gov.uk/courts-tribunals/court-of-protection