The Court of Protection makes decisions about the financial and welfare future of those who have lost capacity or are otherwise unable to make these decisions themselves. Loss of capacity can occur with advancing age or with illness, such as stroke, dementia and Alzheimer’s, whereby an individual struggles to make informed and considered choices about their care or their finances.
How does the Court of Protection work?
The Court of Protection is part of our government’s Courts and Tribunal Service. Experienced judges will hear cases in London and make either emergency or ongoing decisions on behalf of the person who’s lost their capacity. This can include assigning a ‘deputy’, for example a trusted family member or friend, who can make decisions on their behalf on an ongoing basis. They could, for example, have responsibility for financial and property matters, or for ensuring the right care or living arrangements.
What are the drawbacks?
Applying to the Court of Protection can take time, which can be very inconvenient, when bills may need to be paid or decisions may need to be made quickly. It can also be expensive. There’s a cost to make the application and there may be other ongoing costs too, such as solicitor’s fees. The process of appointing a deputy can be a stressful responsibility for friends and family of the individual involved.
What’s the alternative?
It’s important to plan ahead when you, or someone you love, has lost capacity or may lose capacity in the near future. Assigning an LPA, or Lasting Power of Attorney, is a much less expensive and time-consuming option than needing to bring a matter of lost capacity to the Court of Protection. You can even assign a Lasting Power of Attorney online, on websites such as //powerofattorneyonline.co.uk/.
An LPA can make welfare, care, medical or financial decisions, and it’s also possible to choose different people to manage each matter on your behalf. They won’t need to act unless you either give permission or have lost capacity, so you can plan on appointing an LPA ahead of time, whilst maintaining your independence.