The Court of Protection is the specialist court set up to oversee decision-making and to adjudicate in contentious or otherwise difficult cases.
Our Mental Capacity Team provides expert legal advice in relation to this often quite challenging area of law. We advise on how the Mental Capacity Act 2005 should be applied, and we provide representation in Court of Protection proceedings.
Whenever there is a possibility that someone lacks the capacity to make decisions for themselves, whatever the decision in question, we can be called to provide reliable, expert advice.
Our services
The types of cases we cover.
Typically, issues are likely to relate to a person’s welfare (health and care) or to their property and affairs (finances). We can provide advice and representation in relation to both areas. We also act in a large number of cases where the primary issue is whether someone should be deprived of their liberty.
Welfare cases
We act in cases where there are decisions to be made under s16 of the Mental Capacity Act 2005 about the welfare of someone who lacks the capacity to make decisions for themselves.
Such cases usually cover decision-making for that person in relation to issues such as medical treatment, residence and care arrangements, contact with third parties, internet use, sexual relations.
Deputyship
A deputy is someone appointed by the Court of Protection to make decisions on behalf of someone that lacks the capacity to make decisions for themselves. Like LPAs, deputies are split into two types of case: property and financial affairs, and health and welfare. We can assist with applications to the Court of Protection in both types of case. We can advise on the prospects of a successful application and on all steps that need to be taken with the application. We also regularly act for parties in cases where the deputyship application is disputed.
See here for more information on our services in this area of law.
Property and affairs
A large part of decision-making may relate to a person’s finances. Again, we are able to provide expert advice. We can assist with applications to the Court of Protection for deputies to be appointed. We can also provide representation in proceedings where there is a dispute about financial decision-making.
For more information about financial planning and decision-making, see here.
Deprivation of liberty cases
We are able to help if a person who lacks capacity is required to stay in hospital or a care home against their wishes.
We can provide advice and assistance to the person, or to someone on their behalf, (for example, a family member, an IMCA or an RPR) on how to challenge the deprivation of their liberty, in particular using s21A of the Mental Capacity Act 2005 to appeal to the Court of Protection.
We are also able to help in cases where a person is deprived of their liberty in a different setting, for example, in supported living or at home. Again, we can help that person, or someone on their behalf, to challenge the deprivation of liberty.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document which allows you to authorise someone else to make decisions on your behalf. Very often, such documents are created in anticipation of losing decision-making capacity at some stage in the future. LPAs can be made in relation to two areas: property and financial affairs, and health and welfare.
We provide expert legal advice in relation to granting both types of LPA. We advise on the benefits of these powers and the different options to consider when deciding who an attorney should be and what powers they should have.
We provide assistance to clients in completing the legal documents and registering the powers with the Office of the Public Guardian.
See here for more information on our services in this area of law.
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Who we act for
The individual.
We frequently act for ‘P’ him/herself, the person who lacks capacity and about whom decisions need to be made. P may well be the subject matter of court proceedings. If so, when we act for P, it will be with a litigation friend in place to conduct the proceedings on his or her behalf.