Apply for a one-off decision from the Court of Protection

1. Overview

Apply to the Court of Protection if both of the following apply:

  • you’re concerned about the personal welfare or property and financial affairs of someone who’s lost mental capacity
  • you want to get a one-off decision, eg to stop someone visiting a person who’s lost mental capacity in a nursing home

You can only apply to the court if there’s a major disagreement about a serious decision which can’t be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Check if someone has an attorney or deputy acting for them before you apply. You won’t be able to apply to the court if they do.

If there’s an immediate risk to the person

Apply for an emergency or urgent court order if you think there’s an immediate risk to the person, eg they need emergency medical treatment they can’t consent to.

If the person needs long-term help

You may have to apply to become a deputy if the person needs long-term help with decisions about personal welfare or property and financial affairs.