Court of Protection case study

Mr B had already taken charge of the adult son’s finances through an earlier Court of Protection application. Mr B however, was not satisfied with the amount of contact that he continued to have with his son after separation. Mr B made an application to the Court of Protection for the Court to request that his contact be extended for him to share residence.

We were instructed by Mrs A to advise and assist her through the Court process. Mrs A’s main aim was to protect her son from the hardships of a parental separation. She was very keen to protect her son’s routine and stability as he was susceptible to ‘change’ anxiety.

We were able to arrange round table meetings for the parties to provide interim provisions that worked for both parents.

We were able to assist Mrs A within the Court proceedings and obtained favourable reports from an independent social worker that clearly showed that the son’s interests were best promoted in the care of our client.

We represented Mrs A through to final hearing which resulted in an order being made that the adult son should live with our client and spend time with his father.

What is the Court of Protection?

The Court of Protection is a division of the Civil Court of England and Wales. The Mental Capacity Act gives the Court of Protection jurisdiction to make orders about personal welfare, as well as property and finances for those who lack mental capacity to make decisions for themselves.

The role of the Court of Protection is to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. These decisions may relate to the person’s finances or their health and welfare.

When would I make an application under the Court of Protection?

There are multiple reasons why you may require your case to be heard by the Court of Protection. The following are examples:

  • If you have become responsible for managing someone else’s affairs, you should consider making an application in order to best manage those responsibilities. This could be in respect of any aspect of their life including for arrangements for where the vulnerable person will live.
  • If you are concerned about someone else’s ability to manage their own affairs, the Court could make an application in respect of health, welfare and or financial protection.
  • If you are worried about your own ability to manage your affairs, or your decreasing ability to do so you could make an application for someone else to manage your affairs.
  • If you are concerned that someone else’s affairs are being mismanaged, or you lack confidence in someone else’s ability to manage your affairs, the Court can re-define the protection provided to you.
  • If there is a dispute or lack of clarity over the management of your own or someone else’s affairs, the Court can have specialist solicitors assess the position.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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