A Step-by-Step Guide to the Court of Protection Application Process:
Date: 2nd September 2025
Authored By: Doris Sheridan | doris@sheridanconsult.co.uk
The Court of Protection is a crucial part of the English legal system, designed to protect individuals aged 16 and over who lack the mental capacity to make specific decisions for themselves. This lack of capacity might arise from conditions such as dementia, learning disabilities, brain injuries, or mental health conditions.
Navigating the Court of Protection process can be complex. This guide aims to provide a clear, step-by-step overview of the application process. At Sheridan Consult, we understand the sensitive nature of these matters and the importance of providing expert guidance.
Steps of the Court of Protection Application Process
Step 1: Determining Lack of Capacity
Before an application can be made, it must be established that the individual genuinely lacks the capacity to make the specific decision in question. This assessment must adhere to the principles of the Mental Capacity Act 2005. Capacity is decision-specific, meaning a person might lack capacity for some decisions but retain it for others. A professional assessment, often by a healthcare practitioner or social care professional, is crucial.
Step 2: Deciding on the Application
The next step involves determining what type of application is necessary. The Court of Protection can make decisions regarding an individual's:
· Streamline Deprivation of Liberty Safeguards (DoLS) Applications
· Health and welfare
· Property and financial affairs
Applications can range from seeking a one-off decision to applying for deputyship, which grants an individual ongoing authority to make decisions.
Step 3: Completing the Application Form
The relevant application form must be completed accurately and comprehensively. This form requires detailed information about the individual lacking capacity (the "individual"), the proposed deputy (if applicable), the decisions that need to be made, and the reasons why the application is necessary. Supporting evidence, such as capacity assessments, must be included.
Step 4: Submitting the Application to the Court
The completed application form and supporting documents are submitted to the Court of Protection. There is a court fee associated with making an application.
Step 5: Court Consideration and Decision
The Court will review the application and may request further information or evidence. In some cases, a court hearing may be necessary to discuss the application in more detail. The Court's paramount consideration is always the "best interests" of the individual. This involves considering their wishes, feelings, beliefs, and values, as far as possible. The Court will then make a decision, which may include appointing a deputy or making a specific order.
Conclusion:
The Court of Protection process is designed to safeguard vulnerable individuals. However, it can be intricate and emotionally challenging. At Sheridan Consult, our team possesses the expertise and network, to guide you through each step, ensuring that applications are handled sensitively and efficiently. If you require assistance or advice regarding Court of Protection matters, please do not hesitate to contact us for a confidential consultation.
