How Court of Protection Works
The mental act of 2005 created the court of protection. It states that the court has the accountability for making decisions concerning the property, personal welfare and financial affairs of the individuals who cannot make such decisions on their own. That is because they lack mental capacity. The one who lacks mental capacity is referred to as an adult at risk. The risks the adults might come across are an emotional, financial or physical risk of abuse.
Below are types of decisions that can be made by the court of protection. The court has a wide responsibility to decide on that is about the person’s health and welfare not forgetting financial issues. The court determines if the person has the mental capacity to make decisions for themselves. It does appoint deputies that will assist in making the decisions for the one who lacks the mental capacity. About contacting other people, living arrangements, where the individual will live and cared for, and the treatment they are to receive is the duty of the court of protection to decide. If the person has suffered any financial abuse or mismanagement the court of protection it is an obligation of it to revoke and register the lasting power of attorney.
Take into consideration the objections against the registration of the enduring power of attorney. The court of protection decides whether an attorney who is acting under an existing of the lasting power of attorney should be removed or not. The court also will decide whether the person can be underprivileged of their liberty under the mental capacity act 2005.
Wondering on how the court of protection can help you or someone you love. Take into consideration the below factors. Making a move to apply for the court of protection to assist in this juncture will offer the help in seeing they give the decision that will safety measure the individual against financial abuse, emotion or physical harm. About the care packages and living arrangements are amongst the vital decisions the court will offer for the individual who needs residential care.
Most cases that the court of protection handles are the differing opinions on about which are the best interest of the person concerned. Failure of the family members or social services to agree on results to the court of protection stepping in to make the decisions needed. The court of protection with the all info available they will decide on behave of the person at risk what is in their best interest.