The Court of Protection is there to protect those who lack the mental ability to make decisions individually, which results in the taking control of the individuals’ decisions regarding finance, personal welfare, and property. The court appoints a deputy or deputies to act on the behalf of the individual if a Lasting Power of Attorney has not already been appointed. If a situation arises whereby you lose mental capacity without already having appointed an LPA, it’s frankly a bit of a mess until someone gets a Deputyship order from the Court of Protection. Without an order, no-one can lawfully access your funds, for example to pay nursing home fees. It is therefore always wise to be prepared.
Wills, probate and trust
