Court of Protection Overview

The Court of Protection is a specific kind of English court which is designed to fulfill a particular overall purpose within the English legal system. The Court of Protection was actually only created relatively recently, as the result of the Mental Capacity Act of 2005 in England. The Act established the Court of Protection as a court for the sake of those individuals who do not have the ability to make conscious decisions on their own behalf.

The Court of Protection thus makes decisions with regard to the disposition of power of attorney for such individuals, as well as decisions with regard to wills for such individuals, the appointment of trustees for such individuals and their property, and the granting of gifts from the property owned by such individuals. The Court of Protection is primarily focused on ensuring that the individuals who fall under the jurisdiction of the Court of Protection are well served and protected by the Court’s rulings.

The Court of Protection is considered a superior court of record within the court system of England, which makes it separate from other important courts in England, such as the Crown Court. The Crown Court of England is one of the three parts of the Senior Courts of England and Wales, along with the High Court of Justice and the Court of Appeal.

The Crown Court is thus an entirely separate body from the Court of Protection, though the Court of Protection is likely subordinate to the Crown Court. In theory, an appeal of a verdict from the Court of Protection might reach the Crown Court, leading to an individual involved attempting to obtain Crown Court listings of all the judges involved. Fortunately, Crown Court listings are generally publicly available online.