Legal Disclaimer: This
More than 10,600 applications
A total of 10,647
Behind these numbers are
However, being a spouse, son
The Court of Protection can
What does it mean to lack
Under the Mental Capacity Act
Someone living with dementia,
The law requires capacity to
Who can make decisions on
One common misunderstanding
This is not the case.
Being someone’s spouse, child
There are several possible
- Family members and carers can
help explain the person’s wishes, preferences, beliefs and values. They may be consulted when decisions are made, but their relationship alone does not give them unlimited legal powers. - An attorney appointed under a
Lasting Power of Attorney ( LPA) may be able to make decisions within the authority granted by the document. A property and financial affairs LPA covers relevant financial matters, while a health and welfare LPA covers specified personal welfare decisions. The person must create the LPA while they have the required mental capacity. - A court-appointed deputy may
be needed when someone lacks capacity and no suitable existing legal authority is available for decisions that require one. Deputies commonly manage property and financial affairs. The appointment of a deputy for personal welfare decisions is much less common. - The Court of Protection can
make decisions for people who lack the capacity to make them themselves. It can also resolve disputes and appoint deputies where appropriate. - The important point is that
the law does not give one family member automatic control over every aspect of another adult’s life.
The role of the Court of
The Court of Protection is a
Consider a situation in which
The family cannot simply
The court considers the
In urgent cases, the need for
Why a person’s best interests
When someone lacks the
For example, if someone needs
When should families seek
For families facing a
In these circumstances, mental
In a recent article published
When an emergency application
Some situations require
An emergency Court of
Planning ahead can protect
Planning ahead can help
There are different types of
Without an appropriate
Protecting people and their
The latest Court of






