Section 45 of the Mental Capacity Act 2005 created the Court of Protection which amongst other things exercises jurisdiction in respect of the protection and management of the property and affairs of persons who lack the capacity of managing their own affairs (“P”).

The relevant statutory provisions are the Mental Capacity Act 2005 (“the Act” in this section) and the Court of Protection Rules 2017 (“the Rules” in this section). The Act and the Rules can be found in standard practitioners’ texts and on the http://www.legislation. gov.uk/ website. The Practice Directions can be found on the Court of Protection pages of the Gov.uk website. Guidance and explanatory leaflets can be found on the Office of the Public Guardian pages on the Gov.uk website.