The Court of Protection sometimes finds itself a little misunderstood by the general public – and not many of us have much insight into the workings of this specialist court and what it does. Due to this, fear, misinformation and media headlines cause speculation about the Court – and if you’ve never needed to use it, you probably don’t really know what it does. In this article, we’ll set the record straight and tackle three common myths.
It’s a Secret Court That Makes Decisions Behind Closed Doors
This is a very common assumption regarding the Court of Protection, but it’s not entirely true. Although the Court of Protection used to operate mostly in private – designed to protect the dignity and privacy of the often very vulnerable people it protects – that’s actually changed with the introduction of a transparency pilot. Hearings are now open to the general public and the media, and judges give guidance about what can and can’t be shared, for example, by protecting the identities of the people involved.
Judges Overrule Families
Many families never have any issue with the Court of Protection, but sometimes disputes can arise where there’s a conflict about what really is in the best interests of the incapacitated person. Not all families or attorneys always act in the person’s best interests, and the vulnerable individual needs protecting. The Court of Protection won’t intervene for no reason, though – only when there’s a disagreement or a need for legal authority. The UK power of attorney process can now be started online, with websites such as https://powerofattorneyonline.co.uk/.
The Court Takes People’s Money Away
This isn’t the case. If someone isn’t able to manage their finances and has no Lasting Power of Attorney, the court has the option of appointing a deputy. The deputy is usually a friend or trusted family member and will be granted the authority to manage money on the individual’s behalf. However, they’re accountable to the Office of the Public Guardian and must submit annual reports and keep financial records on behalf of the individual.