Navigating the Court of Protection: A Guide for Families
What the Court of Protection does in England and Wales, when an application may be needed and how families can prepare.
Last reviewed: 6 July 2026 · UK guidance
In brief
The Court of Protection makes decisions and appoints deputies for people who lack capacity for specific decisions under the Mental Capacity Act in England and Wales. It is not a general family court and a diagnosis alone does not establish lack of capacity.
Before applying, identify the exact decision, evidence of capacity, alternatives tried and urgency. Some financial applications are relatively standard; welfare disputes, deprivation of liberty, residence and serious treatment can be complex and need specialist legal advice. Scotland and Northern Ireland use different legal systems.
Define the decision precisely
State whether the issue is property, finances, residence, care, contact, treatment or another matter. Capacity must be assessed for that decision at the relevant time, with support provided to help the person decide.
Check alternatives to court
A valid power of attorney, benefits appointeeship, ordinary banking arrangement, best-interests decision or agreement between services may resolve some issues. Court authority is needed only where the law or dispute requires it.
Gather capacity and best-interests evidence
Use the required medical or professional assessment and a clear history of the decision. Record the person’s past and present wishes, relationships, values, risks and less restrictive options—not only family preferences.
Understand parties, costs and duties
The person concerned may need representation. Deputies have ongoing supervision, reporting, security and financial duties. Ask about court fees, exemptions, legal aid and professional costs before applying.
Treat urgent applications as exceptional
Immediate medical, safeguarding or property risks may justify an urgent route, but poor planning does not automatically create urgency. Seek specialist advice and provide evidence of the harm and required timetable.
Ask whether a Court of Protection application is needed
Use with a specialist solicitor or advice service.
The specific decision is [decision] for [person]. The evidence about capacity is [summary], and alternatives tried are [steps]. The person’s known wishes are [details], with current risks of [risk] by [date]. Please advise whether the Court of Protection is required, who should be involved, likely costs, legal aid and any urgent or interim application.
A practical checklist
- Identify one specific decision.
- Support the person to decide before concluding they cannot.
- Record wishes and less restrictive alternatives.
- Budget for supervision and reporting if deputyship is sought.
Check the current information
These are the most relevant official or specialist places to confirm live rules, availability and application details.
gov.uk
Open official informationgov.uk
Open official informationgov.uk
Open official informationcitizensadvice.org.uk
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