Decision Makers Guide - DMG42017

Court of protection

The decision maker should note the following points about the Court of Protection.

1) The Court of Protection is an office of the Supreme Court, rather than a court in the accepted sense.
2) It is responsible for the management and protection of property belonging to persons suffering from a mental disorder.
3) A judge of the Court may appoint a receiver to manage the property and affairs of a person for whom the Court is responsible.
4) The decision maker should treat any funds held for a member of the family by the Court of Protection or

• a receiver appointed by that Court

• as capital belonging to that member of the family.

5) Funds held in a trust set up by the Court of Protection are an actual capital asset of the beneficiary (DMG47056).