Court of Protection FAQs: Your Questions Answered
By Shanice Blackwood-Martin
When a loved one loses the mental capacity to make important decisions, it can be a deeply emotional and confusing time. The Court of Protection exists to help families and professionals make those decisions lawfully and in the person’s best interests, but the process can feel daunting if you’re unfamiliar with it.
At Pryers Solicitors, we regularly help clients navigate applications to the Court of Protection. Below, we’ve answered some of the most common questions people ask when they first encounter this area of law.
What Is the Court of Protection?
The Court of Protection is a specialist court that makes decisions on behalf of people who lack the mental capacity to make them for themselves.
It was established under the Mental Capacity Act 2005 and has the power to:
- Decide whether a person has capacity to make certain decisions;
- Appoint deputies to make ongoing decisions about someone’s property, finances, or welfare;
- Approve one-off decisions (for example, selling a house or making a gift);
- Resolve disputes about what’s in a person’s best interests.
When do you need to apply the court of protection?
You may need to apply if someone you care for no longer has the mental capacity to make decisions about their own affairs and there’s no Lasting Power of Attorney (LPA) already in place.
Typical reasons include:
- Managing a vulnerable adult’s finances or paying care fees
- Selling a property owned by someone who lacks capacity
- Making healthcare or welfare decisions where there’s disagreement
If there is an existing LPA but it’s being challenged or misused, the Court can also step in to protect the person concerned.
What Is a Deputy and What Do They Do?
A deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks capacity.
There are two main types of deputy:
- Property and Financial Affairs Deputy – manages money, bills, benefits, and property.
- Personal Welfare Deputy – makes decisions about medical treatment, care, and living arrangements (though these are less common).
Deputies must always act in the person’s best interests and follow the principles of the Mental Capacity Act.
How Do You Apply to Become a Deputy?
An application must be made to the Court of Protection using a set of specific forms, including:
- An application form detailing the orders you’re seeking
- An assessment of capacity from a medical professional
- A declaration about your suitability to act as deputy
The process can take several months, depending on the complexity of the case. Many families choose to seek legal advice to ensure everything is completed correctly and efficiently.
How Much Does It Cost to Apply to the Court of Protection?
There’s currently a court application fee (set by the Ministry of Justice), plus potential additional fees for specific orders or expert reports. Deputies must also pay an annual supervision fee to the Office of the Public Guardian (OPG).
Legal fees will depend on the complexity of the case and whether professional representation is needed. At Pryers, we always provide clear, upfront cost information before proceeding.
Can Court of Protection Decisions Be Challenged?
Yes. If you disagree with a decision made by the Court of Protection, it may be possible to appeal usually to the Court of Appeal.
You might also be able to ask the Court to review or vary an order if circumstances have changed (for example, if the person regains capacity or their needs evolve).
How Can Pryers Solicitors Help?
Dealing with the Court of Protection can be legally and emotionally complex. Our experienced solicitors can:
- Help you apply for deputyship or a one-off order
- Advise you if you’re contesting a decision or application
- Support you in preparing reports and accounts for the OPG
- Represent you in Court hearings and negotiations
We’re here to make the process as straightforward and stress-free as possible, always with your loved one’s best interests at heart.
Contact Pryers Court of Protection solicitors today by calling 01904 409 720 or get in touch with us using the form below.
Shanice is a solicitor. She is focused on supporting people who lack the capacity to make their own financial decisions to enjoy their lives freely knowing their finances are taken care of.
