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Court of Protection
The Court of Protection deals with decisions which affect people who do not have the mental capacity to make important decisions themselves. Any decisions made by the Court of Protection must be in the best interests of the person without capacity; That person should be at the heart of the decision.
The types of decisions the court is concerned with are divided into two categories:
The Court of Protection came into being as a result of the Mental Capacity Act 2005. The Act has 5 key principles: –
- Every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise.
- People must be supported as much as possible to make a decision before anyone concludes that they cannot make their own decision.
- People have the right to make what others might regard as an unwise or eccentric decision.
- Anything done for or on behalf of a person who lacks mental capacity must be done in their best interests.
- Someone making a decision or acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the person’s rights and freedoms or action, or whether there’s a need to decide or act at all. In essence any intervention should be proportional to the particular circumstances of the case.
Ridley & Hall has an experienced Court of Protection team based in Huddersfield. Our specialists can advise you on all areas surrounding the Court of Protection, including statutory wills, deputyships and deputyship accounts.