What is the Court of Protection — and When Does It Become Relevant to Care?

The Court of Protection is a specialist court in England and Wales that makes decisions about the personal welfare, property and financial affairs of people who lack mental capacity and do not have a Lasting Power of Attorney in place. It is the formal legal route for managing someone's affairs when no other authority exists.

When does it become relevant?

If a person loses mental capacity — due to dementia, a stroke, a brain injury or another condition — and has not previously made a Lasting Power of Attorney, no family member automatically gains the legal right to manage their finances or make decisions about their care. In this situation, any family member wishing to act on their behalf must apply to the Court of Protection for a deputyship order.

What is a deputyship?

A deputyship is a legal appointment made by the Court of Protection that gives a named person — usually a family member — the authority to act on behalf of the person who lacks capacity. There are two types: a Property and Affairs Deputy and a Personal Welfare Deputy. The process is slower, more expensive and more administratively burdensome than having an LPA in place.

Why this matters for care

Without either a valid LPA or a court-appointed deputy, hospitals, care homes and financial institutions may refuse to accept instructions from family members — even close relatives — about a person's care or finances. This can cause significant delays and distress at an already difficult time.

We work alongside trusted solicitors who can help arrange a Lasting Power of Attorney as part of a wider care planning conversation. Speak to us →