Court Of Protection - Some Useful Information
The Mental Capacity Act
The Mental Capacity Act 2005 applies to England and Wales and provides a framework to empower and protect people who may lack capacity to make certain decisions for themselves.
The Mental Capacity Act is supported by a Code of Practice that provides guidance to all those who care for and/or make decisions on behalf of those who lack capacity. The Code includes case studies and clearly explains in more detail the key features of the Act.
The Court of Protection
The Court of Protection is the specialist court for all issues relating to people who lack capacity to make specific decisions. The Court can make decisions and appoint deputies to make decisions about someone’s property and financial affairs or their healthcare and personal welfare.
Under the Mental Capacity Act, the Court has the power to:
• make decisions about the personal welfare or property and financial affairs of people who lack the capacity to make such decisions themselves;
• make declarations about a person’s capacity to make a decision, if the matter of whether they can make a decision cannot be resolved informally;
• make decisions in relation to serious medical treatment cases, which relate to providing, withdrawing or withholding treatment to a person who lacks capacity;
• appoint a Deputy to make ongoing decisions on behalf of a person who lacks capacity, in relation to either the person’s personal welfare or property and financial affairs; and
• make decisions about a Lasting Power of Attorney or Enduring Power of Attorney, including whether the power is valid, objections to registration, the scope of Attorney powers and the removal of Attorney powers.
The Office of the Public Guardian
The Public Guardian (supported by the Office of the Public Guardian) is responsible under the Mental Capacity Act for:
• supervising deputies appointed by the Court of Protection;
• keeping registers of deputies, Lasting Powers of Attorney and Enduring Powers of Attorney; and
• investigating any complaints about attorneys or deputies.
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