personal welfare application (COP GN4)

Published date21 March 2018
Subject MatterCourt of Protection forms and guidance
1
Making a personal welfare application to
the Court of Protection
COP
GN4
12.17
Court of Protection
About this guidance leaf‌let
This leaf‌let will provide you with help about making a
personal welfare application to the Court of Protection
(the ‘court’). It also explains what the Court does,
what decisions it can make, the powers it holds and
how it appoints a deputy to make personal welfare
decisions on behalf of someone who lacks capacity.
This guidance is designed for people who have
no legal knowledge who may wish to make an
application to the court in person, or who are making
an application with the help of solicitors and wish to
understand the process better.
The Mental Capac ity Act
The Mental Capacity Act 2005 applies to England
and Wales and provides a framework to empower
and protect people who may lack capacity to make
certain decisions for themselves.
The Mental Capacity Act is supported by a code of
practice which provides guidance to all those who
care for and/or make decisions on behalf of those
who lack capacity. The Code includes case studies
and explains in more detail the key features of the Act.
You can down load the code from www.gov.uk -
search ‘Mental Capacity Act Code of Practice’.
The Court of Protec tion
The Court of Protection is the specialist court for all
issues relating to people who lack capacity to make
specif‌ic decisions. The court can make decisions and
appoint deputies to make decisions about someone’s
property and f‌inancial affairs or their healthcare and
personal welfare.
Under the Mental Capacity Act, the court has the
powe r to:
• make decisions about the personal welfare or
property and f‌inancial affairs of people who lack
the capacity to make such decisions themselves;
• make declarations about a person’s capacity to
make a decision;
• make decisions in relation to serious medical
treatment cases, which relate to providing,
withdrawing or withholding treatment to a person
who lacks capacity;
• authorise deprivation of liberty in relation to a
person’s care and residence arrangements;
• appoint a deputy to make ongoing decisions on
behalf of a person who lacks capacity, in relation
to either the person’s personal welfare or property
and f‌inancial affairs; and
• make decisions about a Lasting Power of Attorney
or Enduring Power of Attorney, including whether
the power is valid, objections to registration, the
scope of the attorney’s powers and the removal of
attorney’s powers.
When to apply to t he Court of Protec tion
The Mental Capacity Act sets out f‌ive ‘statutory
principles’ that support the legal requirements in the
Act. The f‌ive principles are
1. A person must be assumed to have capacity
unless it is established that he lacks capacity.
2. A person is not to be treated as unable to make a
decision unless all practical steps to help him do
so have been taken without success.
3. A person is not to be treated as unable to make
a decision merely because he makes an unwise
decision.
4. An act done, or decision made, under the Act for
or on behalf of a person who lacks capacity must
be done, or made, in his best interests. Section 4
of the Act consists of a checklist to help the court
or decision-maker determine whether something
is in the person’s best interests.
5. Before the act is done, or the decision is made,
regard must be had to whether the purpose for
which it is needed can be as effectively achieved
in a way that is less restrictive of the person’s
rights and freedom of action.

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