The Mental Capacity Act 2005: the new Court of Protection

The new Court of Protection is now considered in the series of articles on the Mental Capacity Act 2005. The Court of Protection was established on the 1 October 2007 and has a much wider jurisdiction than its predecessor. It can now hear cases concerned with the personal welfare of those who lack the mental capacity to make their own decisions, as well as issues relating to property and finance which were the sole concern of its predecessor. This article considers the powers, procedure, practice, rules and directions of the Court and its power to appoint deputies and their role. It also considers the new Office of Public Guardian and its role in keeping a register of Deputies and Lasting Powers of Attorney. It also considers the appointment of Special and General Visitors. The implications of these new institutions are reviewed in the light of a common situation involving healthcare practitioners.