What is the Court of Protection

Principles in MCA 2005

To make an application to be a person’s Deputy at the Court of Protection, the person (P) must be aged 16 or over does not have capacity to make specific decision himself or herself. The COP must then make decision having regards to the five statutory principles set out in section 1, MCA 2005:

  • “A person must be assumed to have capacity unless it is established that he lacks capacity.
  • A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so are taken without success.
  • P will be not to be treated as unable to make a decision merely because he makes an unwise decision.
  • An act done, or decision made, under the MCA 2005 for, or on behalf of, a person who lacks capacity must be done, or made, in his best interests.
  • Before the act is done, or the decision is made, consider whether the purpose for which it is needed can be achieved as effectively in a way that is less restrictive of the person’s rights and freedom of action”.

The principle to enable the individual who lack capacity to make decisions for him or herself and not to restrict or control their lives. This principle apply to medical professionals, the court, social services and even the parents of the individual in question.

Powers of Court of Protection

The Court of Protection have powers set out in sections 15 to 23 of the Mental Capacity Act 2005 that include among other things:

  • Making decisions for P.
  • Making declarations, including whether or not P has capacity to make a specific decision and whether an act taken on P’s behalf is lawful.
  • Resolving disputes, including those concerning LPAs and EPAs.
  • Appointing deputies, terminating the appointment of deputies and varying deputy powers.
  • Calling for reports.
  • Supervising the application of the deprivation of liberty safeguards.
  • The COP’s involvement may be required in relation to any matter concerning P. The COP’s powers are too numerous to list but this note discusses some of the more common scenarios in which COP assistance may be required.

If you want help applying to be a Deputy to the Court of Protection, contact us.

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