Urgent Court of Protection Applications

The Court of Protection is an adjudicating body that makes decisions on financial and/or health & welfare matters for people who cannot make decisions at the time they need to be made (they ‘lack mental capacity’). A person may lack capacity, for example, due to an illness or an accident. The court helps to oversee and safeguard the interests of people who may be vulnerable and/or lack mental capacity.

At Kew Law LLP we understand that life does not always go to plan and that sometimes decisions need to be made urgently regarding a person who lacks capacity. Urgent applications can relate to property and financial affairs or health and welfare. The Court of Protection will usually only consider urgent applications which are a genuine emergency. A ‘life or death scenario’ would be encompassed or, for example, where, if the court were not to make an Order, it would cause serious harm to the person who lacks capacity.

The Court of Protection can adjudicate on truly urgent applications 24 hours a day throughout the year. An urgent application to the court should not be left to the last minute and should be dealt with by the applicant at the earliest opportunity.

A successful urgent order without notice to all parties involved in the application is an exceptional remedy, and will normally be appropriate only if the case is genuinely urgent. When considering the urgent application from the applicants, the court will consider the impact it has on the life, rights and emotions of the persons against whom and in respect of whom it is granted.

An urgent application to the Court of Protection can be made on a one-off basis or where proceedings are already ongoing and something unexpected has cropped up which needs to be addressed.

Be prepared with the help of Kew Law

If you wish for your loved ones to avoid the complications with the Court of Protection in the future, you may wish to seriously consider preparing Lasting Powers of Attorney. Here at Kew Law LLP, we can assist you in the preparation and registration of the Lasting Powers of Attorney.

Frequently Asked Questions

What is an urgent Court of Protection application?

An urgent application asks the Court to make a rapid decision about a person who lacks mental capacity, when delaying the decision would cause serious harm or risk to their health, welfare, or finances.

Who can make an urgent application?

Family members, carers, health professionals, local authorities, or anyone directly involved in the person’s care or finances can apply.

How can urgent applications be avoided in the future?

Preparing Lasting Powers of Attorney allows trusted individuals to make decisions when someone loses capacity, reducing the need for emergency Court involvement.

When will the Court of Protection treat a case as urgent?

Only in genuine emergencies, such as life‑or‑death situations or scenarios where immediate action is needed to prevent significant harm.

What types of decisions can the Court make urgently?

Urgent decisions may involve medical treatment, moving someone to or from a care setting, freezing assets, or decisions needed to protect health, safety, or finances.

Examples

Example A

Emergency medical treatment needed

An elderly person with late‑stage dementia suddenly requires a serious medical procedure, but there is disagreement among family members about what should happen. Doctors cannot proceed without a legal decision, and delaying treatment could put the person’s life at risk. An urgent Court of Protection application is needed to authorise treatment.

Example B

Urgent need to sell property to fund care

A person who lacks capacity requires immediate payment for essential care, but all of their funds are tied up in a property sale that cannot legally proceed without a Court order. An urgent application may be necessary if delaying the sale would jeopardise their welfare.