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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.
Health and welfare issues that the Court of Protection may become involved with include:
Our Court of Protection services include the following:
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.
Our expert team can:
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.
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.
All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork. We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy, the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.
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