We are pleased to announce that we now have six Accredited Legal Representatives working in our Court of Protection team at TV Edwards LLP.
This article explains what an Accredited Legal Representative (ALR) is:
At the heart of the law around mental capacity is the principle that P (the person who lacks capacity to make the relevant decisions) should be able to participate as far as reasonably practicable in the decision-making. This is set out in section 4 Mental Capacity Act 2005 and in the Mental Capacity Code of Practice.
The Court of Protection Rules 2017 require the Court of Protection to consider P’s participation in the proceedings. This can be done in a number of ways, one of which is for P to be appointed an ALR to represent them in the court case.
When deciding whether to appoint an ALR, the court will consider whether there will be a need for expert or other evidence to be obtained and filed, or other material gathered, on P’s behalf, the nature and complexity of the case and the likely range of issues. If the court decides that the matter is not appropriate for an ALR, there are other options available to the court to ensure that P can effectively participate in proceedings.
What is the role of the ALR?
The role of the ALR is to ensure that P is at the centre of the proceedings and that they can effectively participate by placing P’s wishes, feelings, values and beliefs in respect of the issues that the court is considering before the court and ensuring that P is kept up to date as far as possible with what is happening in their case. An ALR must be able to discharge their functions ‘fairly and competently’ and the court must be satisfied that they can do so and that they have agreed to act as ALR before appointing them.
An ALR will meet with P regularly in order to make sure that they know what P wants and to keep P up-to-date with developments in their case.
How does a solicitor become an Accredited Legal Representative?
To become an Accredited Legal Representative, a solicitor has to be accredited under the Law Society Mental Capacity Accreditation Scheme. It is a recognised quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act 2005. As a client, this means that you know that the solicitor you have chosen to represent you or a loved one has the relevant expertise in mental capacity law and will be well equipped to work with vulnerable individuals.
The Court of Protection team at TV Edwards can represent you or a loved one in any welfare issue in the Court of Protection. Please contact us on 020 3440 8000 or email email@example.com to make an enquiry.