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Where a person lacks the mental capacity to make a specific decision for themselves, decisions must be made for that person, in their best interests. The legal framework governing best interest decision making and the Court of Protection’s role can be found in the Mental Capacity Act 2005.

The Court of Protection resolves disputes and makes decisions for people who lack the mental capacity to make those decisions themselves. The Court of Protection has two separate streams: property and affairs and health and welfare. In addition to our expertise in property and affairs matters, we are also experts in health and welfare matters in the Court of Protection. Download our Court of Protection A-Z guide here

Disputes can arise, particularly between family members and professionals, as to what is in an individual’s best interests. Alternatively, an individual who has been assessed to lack capacity may wish to challenge that assessment or a decision that has been made on their behalf. As a last resort, the Court of Protection may need to become involved to resolve a dispute or to make a declaration relating to the issue of mental capacity or to the question of what is in an individual’s best interests.

Expertise

Health and welfare issues that the Court of Protection may become involved with include:

  • Making decisions about where an individual should live, what their care package should look like and who they should have contact with
  • Determining whether an individual has mental capacity to make a particular decision
  • Appointing a deputy to make decisions about an individual’s health and welfare
  • Authorising the deprivation of an individual’s liberty or determining whether an existing authorisation of an individual’s deprivation of liberty is lawful
  • Determining whether it is in an individual’s best interests to receive a particular course of treatment or to undergo a serious medical procedure
  • Disputes relating to an attorney who has been appointed by an individual to make decisions on their behalf

Our services

We can provide advice to individuals and their family members or to advocates and other professionals, whether or not proceedings have already commenced in the Court of Protection. We can represent parties to proceedings in the Court of Protection, acting on behalf of the individual the proceedings relate to or acting on behalf of family members of that individual.

If you have been notified that an application has been made to the Court of Protection in respect of a family member who lacks mental capacity, we can provide advice on how to approach the proceedings and / or ongoing representation during the proceedings.

We can also prepare applications to the Court of Protection to seek the appointment of a health and welfare deputy.

There are very strict financial criteria for who might be eligible for government-funded legal aid advice. We do not offer community care advice funded by legal aid. Information about eligibility for legal aid is available on the government website: https://checklegalaid.service.gov.uk/scope/diagnosis

Who we help

We advise a wide range of individuals, their family members and other professionals deputies in relation to matters involving the Court of Protection.

Meet your team

Ruth Meyer

Partner

Alexander Wright

Partner

Anne Pearson

Senior Paralegal

Rosie Banks

Associate – Solicitor

Sue Clark

Associate – Solicitor

Lindsay Da Rè

Solicitor

Alex Edwards

Solicitor

Nafeesah Chowdhury

Paralegal, Court of Protection

Thomas Green

Paralegal

Lauren Hall

Paralegal

Nadine Silas-Richards

Paralegal

Victoria Stewart

Paralegal

Niki Tarrant

Senior Paralegal

Emma Wheeldon

Senior Paralegal

Ewelina Wolanin

Paralegal

Court of protection cases

Awards & Accreditations

Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

What our clients say

Our clients constantly recognize us as the most experienced, professional, efficient and supportive

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"The biggest thank you "

Just would like to say the biggest thank you to you and Mary, Alexander, Charlotte, Georgie and the rest of the team who helped purchase the house for us! It is our dream house and the little one was so excited yesterday when I told her that we have now got the keys, and she cannot wait until Saturday when we finally move in. She loves the space there and was running around everywhere last night, and loves the fact that we can feed a mum fox and her two Cubs every night. So thankyou !! We really appreciate it from the bottom of our hearts.

Boyes Turner client

"Knowledgeable, organised, responsive, diligent, empathetic and human"

I deal with many legal firms during the course of my work and have found the Court of Protection team at Boyes Turner to be, 'simply the best'. Anne Pearson is the most consistently proficient and pleasant professional to work in partnership with. A clear focus of keeping the client at the centre of the work is always evident. I could not recommend her expertise and attitude more highly.

Heather Miller, Independant Case Management

"Beyond the call of duty "

It is a pleasure and a privilege to work with Anne Pearson, Senior Manager in Boyes Turner Solicitors’ Court of Protection team because she goes far beyond the call of duty to ensure that her vulnerable clients and their families are supported in the most difficult and distressing circumstances. Her professionalism is matched by her sincere care for her clients. Families facing the daunting process of applying to the Court of Protection to obtain Deputyship for a relative who has lost mental capacity could not receive better advice and support. 

Alison Hesketh, TimeFinders

"Professional and efficient"

Everything was handled in a friendly and sympathetic, but also professional and efficient, manner. 

Irene Dowdall

"Thank you for a great result"

On behalf of my myself and my family, I would like to thank you for keeping us informed through every stage, and negotiating a great result. 

Boyes Turner client