What is 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.

Under the Mental Capacity Act (see our section ‘What is mental capacity?’ for more information), the Court has the power to:

• Make decisions about the personal welfare or property and 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 affairs; and
• Make decisions about an LPA or EPA, including whether the power is valid, objections to registration, scope of attorney powers and removal of attorney powers.

There are a number of reasons why you might need to apply to the Court of Protection for an order to be made. You might want to object to the registration of a power of attorney, apply to be made a deputy or to make some other decision involving a power of attorney.

Guidance on applications to the Court can be found on the HM Court services website on the following link: COP42: Making an application to the Court of Protection (opens a pdf).

Archway Tower

2 Junction Road

London N19 5SZ

Phone Number: 0845 330 2900

Fax Number: 020 7664 7705

Website:

Court of Protection

You can download helpful resources from HM Court services (Select 'Court of Protection' from the drop down menu under 'Work Type' for a list of their forms/guidance booklets.)

You can also contact the Office of the Public Guardian which will refer you on to the Court of Protection

Office of the Public Guardian

PO Box 15118

Birmingham

B16 6GX

Telephone: 0300 456 0300 Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)

Textphone: 020 7664 7755 (If you have speech or hearing difficulties and have access to a textphone)

Fax: 0870 739 5780

International Calls: +44 20 7664 7000

International Faxes: +44 7664 7551

Website: Public Guardian

Email: customerservices@publicguardian.gsi.gov.uk