Help That Court of Protection Offers
Court of protection is as a result of the mental act 2005. It states that the court has the accountability for making decisions concerning the property, personal welfare and financial affairs of the individuals who cannot make such decisions on their own. Lack of mental capacity gives the court the obligation to decide for the individual. The one who lacks mental capacity is referred to as an adult at risk. The risks the adults might come across are an emotional, financial or physical risk of abuse.
Following are kinds of decisions the court of protection can help to make. The court has a wide responsibility to decide on that is about the person’s health and welfare not forgetting financial issues. It will decide if the person is capable of making their own decisions for themselves or not. If the individual lacks mental capacity, they will see that they appoint a deputy that will cater to any future decision making for the individual. About contacting other people, living arrangements, where the individual will live and cared for, and the treatment they are to receive is the duty of the court of protection to decide. If the person has suffered any financial abuse or mismanagement the court of protection it is an obligation of it to revoke and register the lasting power of attorney.
Take into consideration the objections against the registration of the enduring power of attorney. The court of protection decides whether an attorney who is acting under an existing of the lasting power of attorney should be removed or not. Taking into consideration the mental capacity act 2005 the court has the mandate to decide whether the individual can be underprivileged of their right or otherwise.
In most cases, people wonder how the court of protection will assist you or your loved one. Ponder over the following features. Making a move to apply for the court of protection to assist in this juncture will offer the help in seeing they give the decision that will safety measure the individual against financial abuse, emotion or physical harm. When an individual requires residential care the court of protection will decide about the care packages and living arrangements for the person in lack of mental capacity.
Most cases that the court of protection handles are the differing opinions on about which are the best interest of the person concerned. When such a case arises if the family members and health service don’t reach an agreement the court of protection is asked to step in to help. That is to weigh all the facts and opinions available about what is best for the adult at risk and make a decision.