If an individual has started to lose or has lost mental capacity, it can be very difficult for their family to take control of decisions concerning their finances and welfare. The Court of Protection exists to safeguard vulnerable people who lack the mental capacity to make decisions for themselves regarding their finances or health and welfare.

The Court of Protection is a special Court which is set up to assist those who are unable to make decisions about their property and financial affairs or health and welfare decisions (where they have not made or could not make lasting or enduring powers of attorney). In these circumstances, the Court of Protection has the power to appoint a Deputy to make decisions if a person lacks capacity to decide for themselves.

Any Deputyship Order the Court does make, will set out the deputy’s specific powers and there remains an ongoing duty for the Deputy to assess whether the person has capacity to make each separate decision as it arises. Several members of the team at THP Solicitors have acted as professional Deputies over many years and together have considerable experience of this complex and challenging area of law.

The Office of the Public Guardian protects people who lack capacity by setting up and managing a register of Lasting Powers of Attorney (LPA); Enduring Powers of Attorney (EPA); or supervising deputies.