Court of Protection

What is the Court of Protection?

The Court of Protection was established in 2005 in order to determine whether someone has mental capacity to make their own decisions. If it is determined that an individual does not have capacity to make their own decisions, then a deputy can be appointed on their behalf.

What is a Deputy?

A deputy is appointed by the Court of Protection in order to make decisions on behalf of an individual that has been determined to lack mental capacity to make their own decisions.


Anyone can become a deputy so long as they are able to satisfy a number of conditions.

Examples of this are that the individual must be an adult over the age of 18, have no criminal record or be declared bankrupt.

A Property and Affairs Deputy can make decisions on an individuals finances. For example, their care fees, household bills and properties can be managed.

Whereas, a Personal Welfate Deputy can make decisions about an indiviuals care, their medical treatment & where they live.

If you believe that your deputy does not have your best interests in mind, you must make an application to the court. As they have the power to remove the deputy or to change the level of powers that the deputy has.

You can change deputies by making an application to the court. This will remove the current deputy enabling you to name another.