Mental Capacity Act – the process for professionals
Court of Protection process
The Court of Protection makes decisions and appoints deputies to act on behalf of people who are unable to make decisions about their personal health, finance or welfare.
The Court of Protection is the ultimate decision-maker. If it is not possible to make a decision about someone’s best interests, or if someone wishes to object to a decision made under MCA, the Court of Protection can make a decision. However, it should always be the last resort.
Referring a case
If you need to refer a case to the Court you must follow the correct procedures, we have produced some guidance notes to help you do this.
Before an application can be made, but after the best interests meeting, you will need to complete a Court of Protection background information form and fill in this Court of Protection information template.