Contact us to arrange your FREE initial consultation
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.
Health and welfare issues that the Court of Protection may become involved with include:
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
We advise a wide range of individuals, their family members and other professionals deputies in relation to matters involving the Court of Protection.
Call our specialist legal teams Monday - Friday, 9:00 - 17.30 for free, no obligation advice.
Complete our simple form to start your claim and get a call back back from our expert legal team.
Senior Associate – Solicitor
Associate - Solicitor
Senior Associate – Chartered Legal Executive
Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients
We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability.
The case was handled with professionalism and tact.