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Court of Protection frequently asked questions
The Court of Protection was created to help support people who lack the mental capacity to make financial or welfare decisions on their own. The Court of Protection was made under the Mental Health Act 2005.
If your loved one doesn’t have capacity to manage their own affairs, the court has the power to appoint a deputy to make those decisions on their behalf. The Court of Protection also helps handle emergency applications should you need to have a decision made quickly; it can make decisions regarding Lasting Power of Attorney; it will make decisions on statutory wills and gifts, and can give permission for you to make one-off judgments about your loved one if needed. Note: A Lasting Power of Attorney (LPA) is appointed by the individual before they lose mental capacity. If a decision-maker needs to be appointed but the individual no longer has capacity, the family may apply for deputyship or seek the help of a professional deputy. Read more below.
The Court of Protection will decide how long any order lasts for. In most cases, it is usually until the death of the individual concerned.