Court of Protection Applications

Where a deputy has already been appointed and they do not have the authority to make a certain decision, or if a deputy has not been appointed but a specific decision needs to be made on behalf of an incapacitated person, which they cannot make for themselves, a one-off application will need to be made to the Court of Protection so that a valid decision can be made.

The most common applications that are made to the Court of Protection include:

• Application for a Statutory Will · Gift application (see factsheet)

• Application to sell/purchase a property.

• Application to make/amend financial investments.

• Application relating to the withdrawal of life-sustaining medical treatment.

• Application relating to the issue of legal proceedings.

• Application relating to health and welfare decisions (including residence, contact, medical treatment, care, marriage and sexual relations). For more information click here.

• Challenges to deprivations of liberty

We have experience in advising and assisting with all the types of applications listed above and we can also assist you with an application to the Court for retrospective approval if it comes to light that a decision has been made that was outside the scope of your original authority. If you would like to discuss Court of Protection applications with a member of our team please contact us for further information.

We have provided some more information in the attached factsheet in relation to one of the more common applications that we are asked about, which deals with gifts being made from the incapacitated party’s estate.

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