What Is the Court of Protection?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

If someone loses mental capacity and has no LPA in place, the Court of Protection is where their family will end up. This specialist court in England and Wales deals with decisions affecting people who cannot make certain decisions for themselves. Established under the Mental Capacity Act 2005, it plays a central role in the LPA system — from resolving disputes about Lasting Powers of Attorney to appointing deputies when no LPA exists. Whether you are creating an LPA, acting as an attorney, or caring for someone who has lost capacity, it helps to understand how this court works.

What the Court of Protection Does

The Court of Protection has broad powers to make decisions and issue orders concerning people who lack mental capacity. Its core functions include:

• Determining capacity — the court can make a formal declaration about whether a person has or lacks capacity to make a specific decision
• Making decisions — where no one else has the authority to decide (for example, where there is no LPA or deputy), the court can make one-off decisions about a person's property, finances, health, or welfare
• Appointing deputies — the court can appoint a deputy to make ongoing decisions on behalf of someone who lacks capacity
• Dealing with LPAs — the court can determine whether an LPA is valid, resolve disputes between attorneys, remove attorneys who are not acting properly, and revoke LPAs
• Authorising deprivation of liberty — in certain cases, the court must authorise arrangements that amount to depriving someone of their liberty (for example, placing someone in a care home against their wishes)
• Making statutory wills — the court can approve or make a will on behalf of someone who lacks the capacity to make their own

When the Court Becomes Involved

The Court of Protection typically becomes involved in the following situations:

• No LPA in place — if someone loses capacity and has not made an LPA, a family member or other interested person must apply to the court for a deputyship order before they can manage the person's affairs
• Disputes about an LPA — if there are disagreements about whether an LPA is valid, whether the donor had capacity to make it, or whether an attorney is acting properly, the court can adjudicate
• Attorney misconduct — if an attorney is suspected of abusing their position, the OPG or a concerned party can apply to the court to have the attorney investigated, directed, or removed
• Serious welfare decisions — some decisions are so significant that they may need to be referred to the court even when an LPA is in place — for example, decisions about life-sustaining treatment or the withdrawal of clinically assisted nutrition and hydration
• Objections to registration — if someone objects to an LPA being registered on prescribed grounds, the matter is referred to the Court of Protection for determination

Types of Cases the Court of Protection Handles

The court handles a wide range of cases. Some of the most common include:

• Property and financial affairs — applications for deputies to manage someone's finances, disputes about how an attorney is managing money, applications to sell property to fund care
• Health and welfare — decisions about where someone should live, what medical treatment they should receive, disputes between family members about care arrangements
• LPA validity — cases where the validity of an LPA is challenged, including allegations of lack of capacity, undue influence, or fraud
• Deprivation of liberty — applications to authorise arrangements that restrict someone's freedom, particularly in care homes and hospitals
• Statutory wills and gifts — applications to make or amend a will, or to authorise significant gifts, on behalf of someone who lacks capacity

How the Court of Protection Process Works

The Court of Protection operates differently from most other courts. Key features include:

• Paper-based decisions — many cases are decided on paper, without an oral hearing. A judge reviews the application and supporting documents and makes a decision. This is common for straightforward deputyship applications
• Hearings — more complex or contested cases may require an oral hearing, where parties (and their legal representatives) present arguments to a judge
• Private hearings — most Court of Protection hearings are held in private, although there has been a trend towards greater transparency in recent years
• Specialist judges — cases are heard by judges who specialise in mental capacity law, ranging from district judges for routine applications to High Court judges for the most serious cases
• The Official Solicitor — in some cases, the Official Solicitor may be appointed to represent the interests of the person who lacks capacity, particularly where there is no one else suitable to do so

The Court of Protection's primary concern is always the best interests of the person who lacks capacity. All decisions must be made in accordance with the principles of the Mental Capacity Act 2005.

How the Court Relates to LPAs

Having a properly made and registered Lasting Power of Attorney significantly reduces the likelihood of needing the Court of Protection. When an LPA is in place:

• The attorney can act without applying to the court for permission
• Routine financial and welfare decisions can be made quickly and privately
• There are no court fees, application forms, or waiting periods for day-to-day decisions
• The donor has chosen their own decision-maker, rather than having one imposed by the court

Without an LPA, the Court of Protection becomes the gateway to managing someone's affairs. The difference between deputyship and an LPA in terms of cost, speed, and flexibility is significant. An LPA registered at £92 can avoid the need for court proceedings that may cost thousands of pounds and take many months. Our guide on how much an LPA costs shows just how affordable it is compared to court proceedings.

Even with an LPA in place, the Court of Protection retains an oversight role. It can step in if there are concerns about how an attorney is exercising their powers, and it has the ultimate authority to remove an attorney or revoke an LPA if necessary. This provides an important safety net while still allowing the LPA system to operate efficiently in the vast majority of cases.

Costs of Court of Protection Proceedings

The costs of using the Court of Protection vary depending on the type and complexity of the case:

• Application fee: £371 for most applications (including deputyship)
• Hearing fee: additional fees may apply if an oral hearing is required
• Legal representation: solicitor and barrister fees can range from a few thousand pounds for straightforward matters to tens of thousands for complex contested cases
• Expert reports: the court may order expert assessments (such as capacity assessments or financial investigations), the costs of which are typically borne by the person who lacks capacity

Fee exemptions and remissions are available for people on low incomes or in receipt of certain benefits. However, the overall cost of Court of Protection proceedings is substantially higher than the cost of creating an LPA — which is one of the strongest arguments for putting an LPA in place while you still can.

More Guides About the Court of Protection

Frequently Asked Questions

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

Back to Guides