The Court of Protection operates under the Mental Capacity Act 2005 and has jurisdiction over personal welfare, financial affairs, and the property of people without the mental capacity to make essential decisions. It can determine capacity, appoint deputies, deal with matters relating to powers of attorney, make welfare and financial decisions, handle statutory wills, make urgent decisions, and decide on matters relating to deprivation of liberty.
How it began
The Court of Protection, as it exists today, was created as a result of the Mental Capacity Act 2005. This legislation became law in October 2007. Prior to this, a Supreme Court office, sometimes known as the ‘old’ Court of Protection, along with the High Court, would handle relevant matters.
Further back, the Court of Protection has its roots in the office of the Master of Lunacy, which transformed into something more akin to the modern-day court in 1947.
The Court of Protection
The Court of Protection was always intended to oversee the administration and management of individuals’ estates when they could not manage this themselves. Today, this includes the monitoring of UK power of attorney matters and the registering of LPAs created by individuals or with the help of companies such as https://powerofattorneyonline.co.uk/.
The Court of Protection was once a Senior Courts of England and Wales office, but it later began operating under the jurisdiction of the Mental Health Act 1983. It was also once ensconced within the Office of the Public Guardian. Today, however, the OPG and the Court of Protection are separate entities.
The former Court of Protection could only deal with financial matters. In contrast, the modern version can also deal with welfare and health issues and shares the same legal power as England and Wales’ High Court of Justice.
The full-time judges and offices of the COP were based at Archway Tower in London, but moved to the Royal Courts of Justice at the start of 2012. It has moved again since then, however, and is now in London’s High Holborn area.
