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Court of Protection

The Court of Protection is responsible for making decisions for people who are unable to make them for themselves.

The most common example is where a person has become mentally incapable of managing their own affairs and has not made a Lasting Power of Attorney.

In these cases, somebody must apply to the Court of Protection to obtain permission to manage the affairs of the incapacitated person. This application is known as a Deputyship Application and the person appointed is known as a Deputy.

Whilst the Court often appoints a Deputy to manage the financial affairs of an incapacitated person, it seldom appoints a Deputy to make Health and Welfare decisions.

The Deputy must also comply with strict requirements set down in the Deputyship Order.

Many people take the view that it is better to plan ahead and make Lasting Powers of Attorney.