Mental Capacity Act 2005

The Court of Protection

The Court of Protection can make decisions about the finances and welfare of people who cannot make decisions for themselves. If someone only has income from benefits and no capital then their affairs can be managed by an Appointee – through the Department for Work and Pension. If they have capital, ie savings, then a court appointed deputy will be required.

If your friend or relative:

• is mentally incapable of managing their ownfinancial or welfare affairs;

• has not made an Enduring or Lasting Power of Attorney (EPA) and is now mentally incapable of doing so;

• has assets that need to be used for his or her benefit or administered in some way; or

• has complex welfare decisions that cannot be resolved in any other way,

then you can apply to the Court of Protection. The Court will either make a one-off decision or they will appoint a Deputy to manage and administer the person's property and financial affairs.

For forms and booklets about LPA or the Court of Protection call the Office of the Public Guardian customer services:

Tel: 0845 330 2900

Textphone: 020 7664 7755

Office of the Public Guardian

Archway Tower

2 Junction Rd

London N19 5SZ

Please note: They do not offer legal advice so for this, or for help in understanding the Powers of Attorney, you should contact a solicitor.