Court of Protection (financial cases)
Under the Mental Capacity Act 2005, when a person (P), whether an adult or a child, lacks mental capacity, perhaps through learning disability or mental illness, or through brain damage following a road accident or physical illness, his or her financial affairs may be subject to the control of the Court of Protection. This applies whether the Court of Protection has appointed a deputy to handle P's finances, or (prior to the disability) P made an enduring or lasting power of attorney which has been registered with the court.
If P is joined to the proceedings as a party to the application, the Official Solicitor may be requested by the court to act as P's litigation friend in those proceedings.
Please note the Court of Protection's practice direction concerning the appointment of a litigation friend:
and concerning statutory wills, codicils, settlements and other dealings with P's property:
The Court of Protection Rules 2007 govern procedures followed in the Court of Protection.
For further information please contact the court of protection (financial cases) team on 020 7911 7215
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