Court of Protection Work

The Gibraltar Court of Protection (“CoP”) deals with decisions or actions taken under the Mental Health Act. It helps people who do not have the mental capacity to manage their own affairs and has the power to make decisions for them about money, property, health or welfare.
The CoP will appoint as “Deputy”, someone such as a relative or close friend who will manage their loved one’s affairs and act in their best interests.
There is a streamlined application process. The person(s) seeking to appointment will need to fill out several forms and provide a medical evidence of the patient’s mental state. This certificate needs to confirm to the Court that the person cannot make their own decisions.
The role of a Deputy involves taking on a number of duties and responsibilities and having to act in accordance with certain standards required.  Once appointed as Deputy, a Court Order will set out and define the exact powers conferred.
These will include:
  • undertakings to act in the patient’s best interests;
  • a duty to act within the scope of the powers conferred;
  • strict obligations to ensure that there is no conflict of interest;
  • to act with honesty and integrity;
  • provision of a detailed account on an annual basis to the Court of Protection of the expenditure made from the patient’s estate.
Exemptions can sometimes be obtained from paying court fees.
Anyone can apply to the CoP: a legal Guardian (if the patient is under 18), family members, Care Agency Officials, an Attorney, a Deputy or anyone named in a court order.
For more information contact Charles Gomez & Co by email: or by telephone on +350 200 74998

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