Step by step
The Court of Protection, stage by stage
Ten stages, in order. Read what happens, what you do, and what to have ready before you move on. Your place and your ticks are kept in this browser only.
Stage 1 of 10
10% through
1. What the court actually decides
About 10 minutes
The Court of Protection only makes decisions for an adult who cannot make this particular decision themselves. It does not solve every problem a family is having with a council or a hospital.
What happens
- Someone is assumed able to make the decision until shown otherwise.
- Capacity is about one decision, at one time — not a diagnosis or a label.
- If the person can make the decision with help (a communication passport, more time, an advocate), that help must be offered first.
- If the person cannot make it, the court decides in their best interests, weighing what they would have wanted.
What you do
- Write down the one decision you are actually asking about.
- Say who is making it now, and under what authority.
- Note what the person themselves has said about it, in their words.
Before you leave this stage
0 of 3 doneWhat usually causes delays
Families often arrive at court over a disagreement that was never put in writing. If you cannot point to a dated objection, the service will say there was nothing to resolve.
Read more about this stage
General information only — not legal advice. Every case is different, so read the court's own order and ask a solicitor about your own situation. Your answers and ticks stay in this browser and are never sent anywhere.