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Insight > Court of protection FAQS > What is the Court of Protection?
What is the Court of Protection?
The Court of Protection (or 'CoP') is a specialist court established under the Mental Capacity Act 2005, which makes decisions on behalf of those who lack the mental capacity to do so for themselves.
The Court can make decisions in respect of an individual's health/welfare or finances (or both) or can appoint someone as a 'Deputy' to make decisions on the individual's behalf (more detail on a Deputy's role can be found here).
If, when they still had mental capacity to do so, the individual appointed attorney(s) to manage their affairs under a Lasting Power of Attorney, (LPA) the attorney(s) will manage the individual's affairs once mental capacity is lost (for more information on an attorney's role see). If the attorney(s) abuse their position the Court can step in to remove them and appoint a Deputy in their place.
Where an individual might want or need to make a will but does not have mental capacity to do so, the Court can authorise a will (called a 'statutory will') to be made for them.
The Court will also determine whether someone has lost capacity to make a particular decision and can also make decisions on whether an individual can be deprived of their liberty.
If you have concerns about a loved one, or an attorney or deputy appointed to manage their affairs, please get in touch with our Court of Protection and capacity team.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of court of protection law.
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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