Court of Protection
A specialist court that makes decisions about people who lack mental capacity. Appoints deputies and resolves LPA disputes.
The Court of Protection is a specialist court that makes decisions for people who can't make them for themselves (lacking mental capacity).
What the Court Does
- Appoints deputies when there's no LPA
- Resolves disputes about LPAs
- Makes one-off decisions (selling property, major medical decisions)
- Removes deputies or attorneys who abuse their position
- Authorises statutory wills for people lacking capacity
When You Might Need the Court
- Someone loses capacity without an LPA
- Disagreement about someone's capacity
- Dispute between attorneys
- Need to make decisions an LPA doesn't cover
- Concerns about abuse or neglect
Court Fees and Process
Court applications can be expensive and slow:
- Application fee: £371
- Hearing fee: £494
- Processing time: weeks to months
- May need legal representation
This is why making an LPA while you have capacity is so important.
Common questions
How long does a Court of Protection application take?
Simple deputyship applications: 3-6 months. Contested cases or complex decisions can take much longer.
Can I avoid the Court of Protection?
Yes, by making LPAs while you have capacity. The LPA lets your chosen attorneys act without court involvement.
Who can apply to the Court of Protection?
Family members, friends, local authorities, NHS bodies, or anyone with a genuine interest in the person's welfare.
Free & independent
Compare prices Compare estate planning quotes in 2 minutes
See up to 4 matched verified UK planners, ranked cheapest-first. No obligation, no hidden fees.