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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

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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.

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Meet your specialist team

Our specialist Health and Welfare team are considered leaders in the field and have a significant amount of expertise.
Ruth Meyer photo

Ruth Meyer

Partner

Alexander Wright headshot

Alexander Wright

Partner

Anne Pearson headshots

Anne Pearson

Senior Paralegal

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Sue Clark

Senior Associate – Solicitor

Lindsay Da Re

Lindsay Da Rè

Associate - Solicitor

Alex Edwards

Alex Edwards

Associate - Solicitor

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Dani Pini

Solicitor

Ellie Adams profile picture

Ellie Adams

Senior Paralegal

Katarina Ahmed

Katarina Ahmed

Paralegal

Daisy Fox

Daisy Fox

Paralegal

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Thomas Green

Paralegal

Lauren Hall headshot

Lauren Hall

Paralegal

Maria Hobbs

Maria Hobbs

Paralegal

Nadine Silas-Richards

Nadine Silas-Richards

Paralegal

Victoria Stewart

Victoria Stewart

Paralegal

Niki Tarrant headshot

Niki Tarrant

Senior Paralegal

Emma Wheeldon headshots

Emma Wheeldon

Senior Paralegal

Ewelina Wolanin headshot

Ewelina Wolanin

Paralegal

James Pantling-Skeet headshot

James Pantling-Skeet

Senior Associate – Chartered Legal Executive

Ruth Meyer photo
Alexander Wright headshot
Anne Pearson headshots
Sue Clark photo
Lindsay Da Re
Alex Edwards
Dani Pini headshot
Ellie Adams profile picture
Katarina Ahmed
Daisy Fox
Thomas Green photo
Lauren Hall headshot
Maria Hobbs
Nadine Silas-Richards
Victoria Stewart
Niki Tarrant headshot
Emma Wheeldon headshots
Ewelina Wolanin headshot
James Pantling-Skeet headshot

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

              Brake | The Road Safety Charity

"Review following handling of our family's social care case."

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.

Andrew
Rated Excellent 4.8/5