Court Of Protection

Published / Last Updated on 15/06/2015

Court Of Protection

If a person starts to suffer from mental incapacity and cannot handle their own affairs, but also cannot make a Power Of Attorney or Lasting Power Of Attorney, one of two courses of action need to be taken.

Less than £16,000 and no property to be sold

If the person's estate is valued at less than £16,000 and their income is very limited, a short court of protection order known as a Direction of the Public Trustee may be obtained from the Court for another to act on behalf of the mentally incapacitated person.

More than £10,000 and/or property to be sold

Where a Direction of the Public Trustee cannot be obtained an Order of the Court of Protection is required to appoint a receiver.  The person applying for this type of order, known as the Receiver, will need to show why it is required and why it should be granted.

Courts are careful

The Court will always exercise particular care because the Order will be made without the consent of the person concerned.  This may mean that the individual concerned did not want to put a Lasting Power Of Attorney in place.

Because of this, when the Receiver wants to exercise their authority they must refer to the Court of Protection first. 

Although this process takes longer and is more complex, it provides added protection for the mentally incapacitated person.

Public Guardianship Office

This is the administrative offices of the Court of Protection.  It is they that are responsible for ensuring that the incapacitated person's affairs are looked after correctly.

Learn more about Court Of Protection - See our full section on Powers of Attorney in the Wills .   


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