What is the Court of Protection and Deputyship?
Written by Hilary Cragg | Care Support Team | 13 May 2024
Making decisions for a loved one who lacks capacity can feel daunting, and understanding the legal structures in place to protect their rights and interests is crucial.
The Court of Protection is key to safeguarding the welfare of individuals who are unable to make decisions for themselves.
What is the Court of Protection?
The Court of Protection is a specialist court responsible for making decisions on behalf of individuals who lack the mental capacity to make these decisions themselves. Established under the Mental Capacity Act, the Court of Protection plays a pivotal role in safeguarding the rights and interests of vulnerable individuals, particularly those facing challenges due to conditions such as dementia, learning disabilities or acquired brain injuries.
The Court of Protection has the authority to make decisions in various areas, including:
Health and welfare decisions: this relates to decisions regarding medical treatment, care arrangements, and living arrangements. The court ensures that decisions are made in the individual's best interests, considering their wishes, feelings, beliefs, and values
Financial decisions: the court may oversee matters relating to property, finances, and assets of individuals who lack capacity. This includes managing bank accounts, property sales and purchases, and investments to ensure financial security and well-being
What is Deputyship?
Deputyship is a legal arrangement established to assist individuals in the event someone is unable to manage their own affairs due to factors such as dementia, learning disabilities, or acquired brain injuries. A deputy can be appointed by the Court of Protection to act on their behalf. Deputies are entrusted with the authority to make decisions in the individual's best interests, and are typically family members, friends, or professionals. There are two types of deputies:
Property and financial affairs deputy: responsible for managing the individual's financial matters, including paying bills, managing assets, and making financial decisions
Health and welfare deputy: authorised to make decisions about the individual's health and personal welfare, including medical treatment, care arrangements, and living arrangements
The Court of Protection acts as a safeguarding measure to ensure that decisions made on behalf of individuals lacking capacity are lawful, transparent, and in their best interests. It provides oversight, guidance, and resolution in cases where disputes arise or where there are concerns about the decision-making process. Additionally, the court has the power to make decisions on specific matters if there is no appointed deputy or if there is a dispute between deputies or other parties.
If you’re looking for support with navigating the complexities of the Court of Protection or help with decision-making for a loved one who lacks capacity, our Care Support team is here to help. You can get in touch with Hilary Cragg, Partner, directly by calling 01752 827047 or emailing enquiries@nash.co.uk.
