The Court of Protection was established under the Mental Capacity Act 2005 and decides on issues relating to mental capacity. It can either make decisions on behalf of an individual who lacks capacity or delegate that authority to another person (a deputy).
Therefore, if you do not already have a Lasting Power of Attorney (LPA) and you lose mental capacity, someone will have to apply to the Court of Protection for a Deputyship Order in order to make decisions on your behalf.
There are two types of Deputyship Order: one concerning health and care decisions and the other finance and affairs. Applying for a Deputyship is a long, expensive process, and as a Deputy you will have to submit a report to the Office of Public Guardian each year.
Here at Pro-law, we strongly recommend that you consider making a Lasting Power of Attorney so as to avoid the need for a deputyship application to be made.
However, if you are looking after the interests of someone who is at the stage where Deputyship must be applied for, we can support you.
Please do get in contact if you think Pro-Law can help or advise you with any matters related to the Court of Protection and Deputyship.