Court of Protection

The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court of Protection is responsible for determining disputes as to the registration of enduring powers of attorney, and Lasting Powers of Attorney, appointing new trustees, authorising certain gifts and making statutory wills. Examples of personal welfare issues determined by the court are decisions about where protected persons live, who they see and how they are cared for. The offices and full time Judges of the Court of Protection are at Archway Tower, Junction Road, London.

Prior to 1 October 2007 there was an Office of the Supreme Court of England and Wales (also termed the Court of Protection) that had jurisdiction over the property and affairs of persons who lacked capacity to manage and administer these themselves. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities.

Gibraltar

The court system of Gibraltar has a similar institution also called the Court of Protection, part of its Supreme Court.

See also

• Mental Health Review Tribunal (England and Wales)

External links

• Brief explanation of Court of Protection HMCS website
• Representing Children Worldwide How Children Are Represented in Children Protective Proceedings in 250 Jurisdictions
• Overview Of The New Court of Protection in The UK