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What is the Court of Protection?

Updated: Aug 31, 2023

The Court of Protection is a specialized court in the United Kingdom that deals with matters related to individuals who lack the mental capacity to make decisions for themselves. It is a branch of the High Court of Justice and operates under the framework of the Mental Capacity Act 2005.

The main purpose of the Court of Protection is to make decisions and provide protection for individuals who are deemed to lack the mental capacity to make important decisions about their personal welfare, property, or financial affairs. This may be due to conditions such as dementia, learning disabilities, brain injuries, or mental illnesses.

The Court of Protection has the authority to make a wide range of decisions on behalf of individuals who lack capacity. These decisions can include issues related to health and welfare, such as medical treatment and residence arrangements, as well as property and financial matters, including managing bank accounts, selling property, and handling investments.

The court's primary focus is on ensuring that decisions made on behalf of individuals are in their best interests. It operates on the principle that people should be supported and encouraged to make decisions for themselves whenever possible. However, if someone is unable to make a decision due to a lack of capacity, the court can step in and appoint a deputy or make decisions directly on their behalf.

The Court of Protection plays a vital role in safeguarding the rights and welfare of vulnerable individuals who cannot make decisions for themselves. It aims to balance the need to protect individuals with ensuring their autonomy and dignity.

Qualia Law CIC is a non-profit social enterprise providing free legal advice in the areas of mental capacity, financial safeguarding, lasting power of attorney (LPA) and Court of Protection. In addition, Qualia Law CIC provides not-for-profit professional Deputyship or Attorneyship by expert solicitors, which may be necessary for individuals who may not have relatives willing and able to take on the role of Deputy or Attorney.

For free advice, or to make a referral, please visit

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