Skip to main content
WUHLD
← Back to glossary

Court of Protection

Also known as: CoP

Definition

The Court of Protection is a specialist UK court that makes decisions about finances and welfare for people who lack mental capacity to make those decisions themselves.

Understanding the Court of Protection helps you appreciate why creating a Lasting Power of Attorney now—while you have capacity—saves your family months of delay and significant cost.

What Does Court of Protection Mean?

Established under the Mental Capacity Act 2005, the Court of Protection is a superior court of record with jurisdiction over financial and welfare decisions for adults who lack mental capacity. Part of the Family Division of the High Court, it operates across England and Wales under the Court of Protection Rules 2017.

The Court determines whether someone has capacity for specific decisions, appoints deputies to make ongoing decisions about property and financial affairs or welfare, and grants permission for one-off decisions. Emma's father developed advanced dementia without creating a Lasting Power of Attorney. When the family needed to sell his £385,000 house to fund care home fees, Emma had to apply for deputyship. Without Court authority, solicitors wouldn't proceed with the sale and banks wouldn't release funds.

The application took five months and cost £408 in court fees plus £1,450 in legal fees. Emma now submits annual reports to the Office of the Public Guardian and provided a £2,000 security bond. The Court also resolves LPA disputes, makes statutory wills for people who lack capacity, and processes urgent applications.

You need the Court when someone lacks capacity without a Lasting Power of Attorney and decisions require legal authority—property sales, accessing bank accounts, or major welfare matters. The Court isn't needed if a valid LPA exists or for everyday best interests decisions. Creating an LPA while you have capacity avoids Court involvement entirely. Court-appointed deputies face ongoing supervision, annual reporting, and restrictions on gifts and investments, while LPA attorneys have the flexibility you've chosen. The Court route costs £408 plus legal fees of £1,000-£1,500 and ongoing supervision costs, while an LPA costs £82 per document with no ongoing fees.

Common Questions

"When do I need to apply to the Court of Protection?" You need to apply when someone lacks mental capacity to make decisions about their finances or welfare and they don't have a Lasting Power of Attorney. The Court can appoint a deputy for ongoing decisions or grant permission for one-off decisions. If an LPA exists, Court involvement is usually unnecessary.

"How long does a Court of Protection application take?" Applications typically take 4-6 months from submission to receiving a deputyship order. The Court aims to issue orders within 21 weeks of the application being stamped, though this timeline varies depending on case complexity and whether documents are correctly submitted.

"Can family members make decisions without the Court of Protection?" Family members can make everyday best interests decisions without Court involvement, such as daily care choices. However, significant financial decisions (selling property, accessing investments) or major welfare decisions typically require either a registered Lasting Power of Attorney or Court of Protection authority, especially when banks are involved.

Common Misconceptions

Myth: My spouse or children can automatically manage my finances if I lose capacity.

Reality: No one has automatic legal authority to manage another adult's finances, even spouses or children. Without a registered Lasting Power of Attorney, family members must apply to the Court of Protection for deputyship—a 4-6 month process costing £408 in court fees plus legal fees. Banks and pension providers will not release funds without either an LPA or Court order.

Myth: We can sort out the paperwork when we need to—there's no rush.

Reality: By the time you "need" the Court of Protection, it's too late to create a Lasting Power of Attorney—you can only make an LPA while you have mental capacity. Once capacity is lost, the only option is Court deputyship, which is slower (4-6 months vs 8-10 weeks for LPA), more expensive (£408 plus £1,000+ legal fees vs £82 per LPA), and more restrictive with ongoing supervision.

  • Deputy: The person appointed by the Court to make ongoing financial or welfare decisions for someone lacking capacity.
  • Lasting Power of Attorney: The document you create while you have capacity that allows attorneys to make decisions without Court involvement.
  • Mental Capacity: The ability to make a specific decision when needed—the Court's jurisdiction depends on this being lacking.
  • Mental Capacity Act 2005: The legislation that established the Court of Protection and defines its powers.
  • Office of Public Guardian: The public body that supervises Court-appointed deputies and oversees their decision-making.

Need Help with Your Will?

Understanding the Court of Protection highlights why creating a Lasting Power of Attorney now is essential—it's the only way to avoid the Court route if you lose capacity.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.