If a person lacks capacity to manage their own affairs and they have not made a Lasting or an Enduring Power of Attorney, then it may become necessary for a relative or friend to apply to the Court of Protection to ask them to decide if it is appropriate to appoint a deputy to manage that person’s affairs.

The Court of Protection is responsible for matters including:-

  • Deciding whether someone has the mental capacity to make a particular decision for themselves
  • Appointing deputies to make ongoing decisions for people who lack mental capacity
  • Giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • Handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • Making decisions about a lasting or an enduring power of attorney and considering any objections to their registration
  • Considering applications to make statutory Wills or gifts

Applications to the Court can be time consuming and potentially very costly.  There are many forms to complete and complex procedures to follow.  We can guide you through the process in a straightforward and step by step manner to help you obtain the order you require.


To avoid your family having to apply to the Court of Protection, ensure you put a Lasting Power of Attorney in place to appoint who you trust to act on your behalf if you sadly lose capacity.