Individuals Sector

Court of Protection – mental capacity & statutory wills

Court of Protection

What is the Court of Protection?

 The Court of Protection is a Court which makes formal decisions on behalf of people who do not have the mental capacity to make decisions for themselves. They make decisions on people’s finances and welfare and can appoint deputies to act as ongoing decision-makers (also known as attorneys). They can also give permission to others to make one-off decisions and can arrange urgent hearings for emergency decisions which need to be made quickly.

Where a person lacks capacity to make a decision or series of decisions, the Court of Protection has jurisdiction under the Mental Capacity Act 2005 to make decisions on behalf of that person or appoint another person – a deputy – to make the decisions in question.  However, certain important decisions such as the making of a Will can only be taken by the Court.  A Will made under the Mental Capacity Act is referred to as a ‘Statutory Will.’

Costly Court of Protection proceedings can be avoided by people making Lasting Powers of Attorney which appoint others, such as family members or friends, to make decisions on their behalf. Please see our Lasting Powers of Attorney page for more information on this.

Where the registration of a Lasting Power of Attorney is being objected to, the Court of Protection will make decisions on this, as well as considering applications for statutory Wills (where a Will needs to be made or changed on behalf of someone who does not have the mental capacity to do this for themselves).

How can we help?

Our solicitors and legal staff can issue proceedings in the Court of Protection on your behalf and represent you throughout the proceedings.

Oliver Fisher Solicitors can assist and represent you in matters regarding the Court of Protection. We provide a flexible and helpful approach and can assist you as much or as little as you need.

Please contact our solicitors on 0203 219 0145 or email us at advice@oliverfisher.co.uk to discuss your matter.


Main Contacts

Stephen West


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