The Court of Protection is a specialised court in England and Wales that handles cases involving individuals who lack the mental capacity to make their own decisions. This can be due to a variety of reasons, such as dementia, brain injury, or severe learning disabilities and where an adult did have mental capacity to appoint legal representatives (in the form of Attorneys) but for whatever reason did not.
The court’s primary role is to protect the best interests of these individuals.
While the Court of Protection is essential for safeguarding the rights of vulnerable individuals, it can be a complex and time-consuming process. There are several reasons why people should try to avoid using the court:
To avoid or minimise the need for court involvement, it’s crucial to plan ahead. Creating Lasting Powers of Attorney (LPAs) is a proactive step that can give individuals control over who makes decisions for them if they lose capacity. This can help to avoid the complexities and costs associated with court proceedings.
It’s important to note that while LPAs are valuable tools, they may not cover all situations, and in some cases, court involvement may still be necessary.
The applicant alleges that the attorney is acting improperly or in a way that is not in the best interests of the person they are acting for, the court can revoke the appointment of an attorney and appoint a deputy if the person who granted the power of attorney no longer has the mental capacity to appoint a new attorney.
Several parties can apply to remove an attorney with a Lasting Power of Attorney (LPA):
It’s important to note that these are just some of the common types of applications made to the Court of Protection. The specific circumstances of each case will determine the appropriate course of action.
Partner and Head of Private Client
Miriam qualified in 2008 and is a partner and head of the private client department, having joined Branch Austin McCormick in 2021.
Senior Associate - Dispute Resolution, Family Law and Private Client
Aida graduated with a Masters degree at the Faculty of Law in Vytautas Magnus University, Kaunas, Lithuania and undertook her Law Society Graduate Diploma in law followed by the Law Society Legal Practice Course at the College of Law, Bloomsbury, qualifying as a solicitor in October 2012.
Consultant - Private Client
Helen Freely is a consultant in the private client department. Her background and specialisms include Wills, probate including UK and foreign domiciliary estates, trusts, court of protection work, lasting powers of attorney, tax planning and charity law.
Consultant - Residential Property and Private Client
Roland’s practice, developed in the Covent Garden area over 30 years before joining us in 2020, covers residential property transactions, including sales and purchases of houses and flats and lease extensions, the preparation of Wills, and the administration of deceased estates.
