Court of Protection

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The Court of Protection in English law is a Superior Court of Record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court of Protection is responsible for determining disputes as to the registration of Enduring Powers of Attorney, and Lasting Powers of Attorney, appointing new trustees, authorising certain gifts and making statutory wills.

Prio to 1st October 2007 there was an Office of the Supreme Court of England and Wales (also termed the Court of Protection) that had jurisdiction over the property and affairs of persons who lacked capacity to manage and admister these themselves.

The court system of Gibraltar has a similar institution also called the Court of Protection, part of its Supreme Court.

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