The Court of Protection

The Court of Protection (CoP), in its present form, was established by s 45(1) of the Mental Capacity Act (2005) and started operation from 1 October 2007. It is a superior court of record that has jurisdiction over the property, financial affairs, personal welfare and healthcare of people who lack mental capacity to make decisions for themselves. The Court is able to set precedents and has the same powers and privileges in relation to mental capacity matters as the High Court. The statutory framework for the Court’s operation is provided by the Mental Capacity Act (2005) and the Court of Protection Rules (2007).


How to cite this document:

  • Szerletics, A.

(2011) The Court of Protection. Essex Autonomy Project: