The Court of Protection has the jurisdiction to make decisions in relation to the property affairs of people who are unable to make decisions for themselves.

These might involve questions about:

• The control and management of property
• The sale or purchase of property
• The discharge of debts
• Appointing a Deputy to manage property affairs

This list is not exhaustive and we will be able to advice further should you seek assistance.

The Court must apply the guiding principles of the Mental Capacity Act when making any decisions.

These include:

• Assuming that a person has capacity to make a decision unless it is established that they do not.
• Taking all practicable steps to help the person make the decision themselves.
• Not treating someone as unable to make a decision simply because they make an unwise one.
• Acting in the person’s best interests.
• Considering the least restrictive alternative.

The Code of Practice to the Mental Capacity Act gives very helpful guidance to anyone (families, carers, professionals) about how to support people who cannot make decisions themselves).

For a consultation with one of our Mental Health Team please call us on 020 7426 0400 or email us on office@milesandpartners.com.