The UK’s Court of Protection handles legal and financial matters for mentally disabled individuals. It was established in 2005 to replace a previous system and can appoint proxies or act as executor. It may also be involved in decisions concerning minors and can be approached by guardians, proxies, or power of attorney.
The Court of Protection is a special segment of the UK justice system which handles the affairs of the mentally disabled. Established by the Mental Capacity Act 2005, the Court of Protection is responsible for determining mental capacity and making decisions, mainly related to legal and financial matters, on behalf of a person under the protection of the Court. The creation of the Court of Protection superseded an earlier system with the same function, which operated outside the Office of the Public Guardian.
In order to more fully serve the segment of the population with mental disabilities, the new Court of Protection was created as a separate entity with distinct powers. Prior to its invention, the original department dealt only with legal and financial decisions, while welfare and health care issues were handled by another judicial mechanism. The new system combined these functions, both for greater efficiency and for ease of use by the people served by the Court.
There are numerous decisions on which the Court of Protection is competent, in addition to the determination of psychic ability. Court officials can make financial and legal decisions for people in their care, appoint qualified proxies to make these decisions for the person in question, and remove guardians, alternates, or power of attorneys who fail to perform their duties. For people who have not given power of attorney to a chosen representative, the Court can act as executor for financial and legal matters.
The court of protection usually deals with the affairs of adults, but sometimes it may be involved in decisions concerning minors. Normally, minors already have guardians, such as parents, who can act legally on their behalf. If a child will need a long-term decision maker and doesn’t want to rely on their current guardians after reaching adulthood, the Court of Protection can sometimes step in to appoint another proxy. Certain provisions of the Children Act 1989 also give other courts the ability to refer certain cases involving children to the protective court.
It is not always necessary that the main party brought to the jurisdiction of the Court is the main legal aid applicant. It is often the guardian, proxy or power of attorney who will bring a claim to the Court’s attention. There is usually a court services fee, which must be paid by the applicant.
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