Court of Protection

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This article is part of the series: Courts of England and Wales
Law of England and Wales

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, appointing deputies to manage the affairs of persons who do not have the mental capacity to make the relevant decisions, authorising certain gifts and making statutory wills. Examples of personal welfare issues determined by the court are decisions about where protected persons live, who they see and how they are cared for. The offices and full-time Judges of the Court of Protection were originally located at Archway Tower, Junction Road, London. Since 9 January 2012, the Court has been located in the Thomas Moore Building at the Royal Courts of Justice on the Strand, London.

Prior to 1 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 administer these themselves. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities.

Gibraltar

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

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