Catalogue description Records of the Court of Protection and predecessors

Details of Division within J
Reference: Division within J
Title: Records of the Court of Protection and predecessors
Description:

Records of the Court of Protection and predecessors relating to jurisdiction over the property of people judged to be of unsound mind.

Orders, certificates, papers etc of the court are in J 79, J 80 and J 92. Registers of bond are in J 103.

Supreme Court Pay Office: Indexes and Accounts, are in J 344.

Judgments are in J 349.

Date: 1817-2022
Related material:

See also records of the Office of the Lord Chancellor's Visitors in: Division within LCO

Samples of bills of costs of the Court of Protection branch of the Supreme Court Taxing Office are in J 133

Legal status: Public Record(s)
Language: English
Creator:

Court of Chancery, Office of the Master in Lunacy, 1844-1875

Supreme Court of Judicature, Court of Protection, 1950-

Supreme Court of Judicature, Office of the Master in Lunacy, 1875-1950

Physical description: 6 series
Administrative / biographical background:

The Office of the Master in Lunacy was formed in around 1844 and was the responsibility of the Court of Chancery. Between about 1930 and 1947 the office was sometimes also known as the Management and Administration Department. In 1950 it became the Court of Protection. The jurisdiction derived partly from the royal prerogative and partly under the Lunacy Act 1890 and its work involved hearing summonses, settling deeds, issuing orders, and administering the property of mentally disordered persons coming within its jurisdiction.

The majority of orders and decisions were made by the Master and Assistant Masters. Appeals were reserved to a judge of the High Court, nominated by the Lord Chancellor, but sitting in the Court of Protection. In assessing the ability of a person to manage his own property and affairs the court had the assistance of the Lord Chancellor's Visitors. From 1958 taxation of costs in the court was under the direction of the Supreme Court Taxing Office.

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