Court of Protection—permission to apply
Court of Protection—permission to apply

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • Court of Protection—permission to apply
  • Persons that do not require permission
  • Applications that do not require permission
  • The application for permission

For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before he could commence proceedings. However, the Court of Protection Rules 2017 (COPR 2017) now provide that the application for permission must be made within the main application itself.

Permission is not required to make an application relating to:

  1. property and financial affairs

  2. a lasting power of attorney created under the Mental Capacity Act 2005 (MCA 2005), or

  3. an enduring power of attorney

Permission may be required to make an application relating to the personal welfare of the person (P) who lacks capacity, but not where the application relates to the deprivation of P's liberty. The detailed rules as to when permission is required, contained in MCA 2005, s 50, and COPR 2017, Pt 8, are set out below. This Practice Note also explains how to make an application for permission.

Persons that do not require permission

No permission is required for an application to the court for the exercise of any of its powers under MCA 2005 by any of the following persons:

  1. a person who lacks, or is alleged to lack, capacity (P)

  2. anyone with parental responsibility for a person who lacks capacity, if such a person has not reached 18 years

  3. the donor or a donee of a lasting