The Court of Protection

The Mental Capacity Act provides for a new Court of Protection to make decisions in relation to the property and affairs and healthcare and personal welfare of adults (and children in a few cases) who lack capacity. The Court also has the power to make declarations about whether someone has the capacity to make a particular decision.

The Court has the same powers, rights, privileges and authority in relation to mental
capacity matters as the High Court. It is a superior court of record and is able to set
precedents (set examples to follow in future cases).

The Court of Protection has the powers to:

• decide whether a person has capacity to make a particular decision for themselves;
• make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions;
• appoint deputies to make decisions for people lacking capacity to make those decisions;
• decide whether a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) is valid; and remove deputies or attorneys who fail to carry out their duties,
• and hear cases concerning objections to register an LPA orEPA and make decisions about whether or not an LPA or EPA is valid.

Details of the fees charged by the court, and the circumstances in which the fees may be waived or remitted, are available from the Office of the Public Guardian (OPG).

In reaching any decision, the Court must apply the statutory principles set out in the Mental Capacity Act. It must also make sure its decision is in the best interests of the person who lacks capacity.

For further information contact:

Office of the Public Guardian
P O Box 15118
Birmingham B16 6GX
Phone number: 0300 456 0300
Email:
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Web: www.publicguardian.gov.uk