Chapter 1: What Is the Court of Protection?
* The Court of Protection is a specialized court that deals with the affairs of people who lack the mental capacity to make decisions for themselves.
* It can make decisions about their finances, health, and welfare.
Chapter 2: Who Needs the Court of Protection?
* People who lack mental capacity to make decisions for themselves, due to conditions such as dementia or learning disabilities.
* This includes people who are unconscious or temporarily unable to make decisions.
Chapter 3: How Do I Get Involved with the Court of Protection?
* Applications to the Court of Protection are usually made by family members, friends, or social workers.
* They can also be made by medical professionals or the Official Solicitor (a government lawyer).
Chapter 4: What Happens When You Apply to the Court of Protection?
* The court will assess the person's mental capacity and decide whether they need a deputy or guardian.
* A deputy can make decisions about the person's finances, while a guardian can make decisions about their health and welfare.
Chapter 5: Who Can Be a Deputy or Guardian?
* Deputies and guardians can be family members, friends, or professionals.
* They must be over 18 years old and have the capacity to make decisions.
Chapter 6: What Are the Responsibilities of Deputies and Guardians?
* Deputies and guardians must act in the best interests of the person they are appointed to care for.
* They must keep detailed records of their decisions and submit them to the court.
Chapter 7: What Happens if I Disagree with a Decision Made by a Deputy or Guardian?
* You can appeal the decision to the Court of Protection.
Chapter 8: How Much Does It Cost to Use the Court of Protection?
* There are court fees and legal costs associated with using the Court of Protection.
* The amount you will pay will depend on the complexity of the case.
Chapter 9: How Long Does It Take to Get a Decision from the Court of Protection?
* The time it takes to get a decision from the Court of Protection will vary depending on the complexity of the case.
* Simple cases can be resolved within a few months, while complex cases can take years.
Chapter 10: What Happens When the Person Regains Mental Capacity?
* If the person regains mental capacity, the deputy or guardian will be discharged from their role.
* The person will then be able to make decisions for themselves.
Real Example:
* Mary is an 80-year-old woman who has dementia.
* Her family has applied to the Court of Protection for a deputy to be appointed to manage her finances.
* The court appoints Mary's son as her deputy.
* The deputy takes over responsibility for paying Mary's bills, managing her investments, and making decisions about her property.
