The Eric Whitehead Partnership

The Court of Protection is a special Court created by 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.

Court of Protection applications are invariably long winded, stressful, intrusive and very expensive. Unfortunately, sometimes they are absolutely necessary.

One way that a person can reduce their chances of ever being exposed to dealings with the Court of Protection is to execute a document known as a Lasting Power of Attorney (lpa). If this is done, then a person can appoint a relative or friend to deal with issues relating to their property and finances and/or health and welfare (there are two different types of LPA, to deal with both scenarios) in the event of them ever lacking the mental capacity to do so themselves. The preparation and execution of LPAs is a quicker, much cheaper and less invasive process than an application to the Court of Protection.

An LPA is not only an extremely important legal document. It is a plan of action and our view is that everyone should consider preparing one, particularly as life often throws up unexpected surprises.