For those who lack capacity, the Court of Protection makes the final decision on welfare matters. It has the power to make decisions about every element of a vulnerable person's life, including their finances and possessions, their relationships with others, and their living situation. This can mean, for instance, choosing to live as an independent or move into a residential care facility.
What are the Court’s Powers Related to Welfare Authorisation?
The court is responsible for:
- Determining a person’s mental capacity to make a certain decision for themselves.
- Appointing a deputy to act on a vulnerable person’s behalf, usually a family member or friend.
- Deciding on whether or not the person requires a lasting power of attorney (LPA).
- Addressing cases of liberty deprivation.
In situations where an individual is unable to make decisions for themselves, the Court of Protection offers a substitute decision-maker. It’s important to note that the court can only choose amongst possible options that are available to that person.
When Does the Court of Protection Get Involved in Welfare Cases?
When a person lacks mental capacity, decisions about where they will reside and how they will be cared for are frequently decided by family members, possibly with the help of local authorities. The court may not be necessary if everyone, including the individual, agrees on the best result.
However, the local authority may be the first point of call if there is any disagreement regarding someone’s care or worries about the welfare of a vulnerable individual. They will next strive to reach a choice that is in that person’s best interests by consulting with the person and their family. The local authority or a family member may apply to the Court of Protection if there is no agreement as a result of this.
In certain circumstances. you may need permission to submit an application. Our team of Court of Protection experts can offer accurate guidance and support throughout the process. This can be giving you ongoing counsel, assisting you with the paperwork, or advocating for you in court.
