Court of Protection
Encyclopedia
The Court of Protection in English law
is a superior court of record
created under 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. Among its various roles the Court of Protection is responsible for determining disputes as to the registration of enduring powers of attorney
, and Lasting Powers of Attorney, appointing new trustees, authorising certain gifts and making statutory wills. Examples of personal welfare issues determined by the court are decisions about where protected persons live, who they see and how they are cared for. The offices and full time Judges of the Court of Protection are at Archway Tower
, Junction Road, London.
Prior to 1 October 2007 there was an Office of the Supreme Court of England and Wales (also termed the Court of Protection) that had jurisdiction over the property and affairs of persons who lacked capacity to manage and administer these themselves. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities.
has a similar institution also called the Court of Protection, part of its Supreme Court
.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
is a superior court of record
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
created under the Mental Capacity Act 2005
Mental Capacity Act 2005
The Mental Capacity Act 2005 is an Act of the Parliament of the United Kingdom. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves....
. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court of Protection is responsible for determining disputes as to the registration of enduring powers of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
, and Lasting Powers of Attorney, appointing new trustees, authorising certain gifts and making statutory wills. Examples of personal welfare issues determined by the court are decisions about where protected persons live, who they see and how they are cared for. The offices and full time Judges of the Court of Protection are at Archway Tower
Archway Tower
The Archway Tower, at 2 Junction Road, Archway, London, is a office building built over Archway tube station and was completed in 1963. Local opinion is divided on the tower, some finding it architecturally unattractive, while others welcome the fact that it brings employment to the area, as well...
, Junction Road, London.
Prior to 1 October 2007 there was an Office of the Supreme Court of England and Wales (also termed the Court of Protection) that had jurisdiction over the property and affairs of persons who lacked capacity to manage and administer these themselves. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities.
Gibraltar
The court system of GibraltarCourt system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
has a similar institution also called the Court of Protection, part of its Supreme Court
Court system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
.
External links
- Brief explanation of Court of Protection HMCSHer Majesty's Courts ServiceHer Majesty's Courts Service is an executive agency of the Ministry of Justice and is responsible for the administration of the civil, family and criminal courts in England and Wales....
website - Representing Children Worldwide How Children Are Represented in Children Protective Proceedings in 250 Jurisdictions
- Overview Of The New Court of Protection in The UK