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Help in Making Decisions

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, i.e. savings, then a court appointed deputy will be required.

If your friend or relative:

  • Is mentally incapable of managing their own financial or welfare affairs
  • Has not made an Enduring or Lasting Power of Attorney  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: 0300 456 0300 – phone lines are open Monday – Friday 9am – 5pm (except Wednesday 10am – 5pm)

ID: 2186, revised 24/01/2018