When a loved one loses the ability to manage their finances, families are often left facing unfamiliar and sometimes urgent responsibilities. Knowing when the Court of Protection becomes necessary, and why families rely on it, can make an already difficult situation feel more manageable.
The Court of Protection plays an important role once it has been established that a person lacks the mental capacity to manage their property and financial affairs. In these circumstances, the Court can appoint a deputy and authorise decisions that families cannot legally make on their own.
At Jackson Lees Group, we work closely with families navigating this process. Zita Kiszko, Solicitor in our Court of Protection team, explains when the Court becomes involved, why families may need its support, and how the process works in practice.
What is the Court of Protection and what does it actually do?
The Court of Protection supports individuals who lack the mental capacity to make decisions about their property and financial affairs.
Its role includes:
- Appointing a deputy where no valid Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) exists
- Authorising decisions relating to property and finances
- Resolving concerns or disputes about how an attorney or deputy is acting
These powers ensure decisions are made in line with the Mental Capacity Act 2005 and always in the person’s best interests.
When do families need the Court of Protection?
Most families don’t expect to need the Court of Protection. It usually becomes necessary when they reach a point where they cannot move forward without legal authority.
1. When a person lacks mental capacity and no LPA or EPA exists
This is the most common situation.
If a loved one develops dementia, suffers a brain injury, or experiences a serious illness and has not appointed an attorney, the Court of Protection is the only way to give someone legal authority to act on their behalf.
Without a deputyship order, banks and financial institutions cannot allow anyone else to access accounts or manage finances.
2. When ongoing financial decisions are required
The Court is not just for one‑off decisions. It becomes essential where ongoing financial management is needed.
A property and financial affairs deputy may need to:
- Pay bills and manage bank accounts
- Handle pensions and benefits
- Arrange and oversee care funding
- Maintain or sell property
- Manage savings and investments
These responsibilities are often continuous and form a vital part of ensuring someone’s financial stability and wellbeing.
3. When concerns arise about an attorney or financial decision‑making
In some cases, concerns arise about how someone’s finances are being managed.
This might include situations where there are worries that an attorney or deputy is:
- Not acting in the person’s best interests
- Mishandling money
- Making inappropriate financial decisions
- Exercising undue influence
The Court can step in to investigate concerns, remove or replace an attorney or deputy, and put safeguards in place to protect the individual and their assets.
What does the Court consider before making a decision?
All decisions are guided by the principles of the Mental Capacity Act 2005.
This includes ensuring that any action taken is in the person’s best interests and reflects, as far as possible, their wishes and values.
When making decisions, consideration is given to:
- The person’s past wishes and beliefs
- The views of family members or those close to them
- Relevant professional evidence
- What will best protect the individual’s financial wellbeing
How does a family member become a Court‑appointed deputy?
A family member can apply to become a deputy if they are over 18 and able to take on the responsibilities of the role.
In many cases, the Court appoints a relative. Where circumstances are more complex, a professional deputy may be appointed.
Once appointed, the deputy receives a court order confirming what they are authorised to do. They must:
- Act in the person’s best interests at all times
- Keep accurate financial records
- Comply with guidance from the Office of the Public Guardian
- Submit annual reports
Deputyship carries legal responsibilities, which is why many families seek professional support throughout the process.
How Jackson Lees Group supports families
Navigating the Court of Protection can feel overwhelming, particularly when you are already supporting a vulnerable loved one.
Our specialist team supports families across Liverpool and the North West with clear, practical guidance on property and financial affairs deputyship from initial applications through to ongoing responsibilities.
If you need clarity on whether the Court of Protection is right for your situation, or support with an application, our team is here to help.
Please give us a call, request a callback or make an enquiry to find out how we can support you.