The Court of Protection safeguards the welfare of people who do not have mental capacity to make decisions for themselves.
This can include people with dementia or who have learning disabilities or a mental illness.
The Court makes and approves decisions about a person’s welfare, medical treatment, and finances. Welfare decisions include decisions about where a person should live, who should provide care to them and how that care should be provided. The Court of Protection authorises deprivations of liberty, for example if a person without mental capacity is living in supported accommodation and is not free to come and go as they please. The Court can also make Deputy Orders – appointing a person to act as a Deputy for finances and (sometimes) for welfare so that day-to-day or longer-term decisions can be made by the Deputy on behalf of a mentally incapacitated person.
The issues relating to incapacity are often challenging, emotional and stressful. We recognise this, and we understand the difficulties faced by people with mental incapacity and those who care about them. We also understand just how important the outcome of Court of Protection hearings are for everyone involved.
Our specialist team of lawyers can guide you through the process with expert advice on every aspect of your case. We bring together the expertise of our Community Care, Housing, Public Law (including human rights and discrimination), Mental Health, Personal Injury and Property and Probate lawyers. That means that we, and you, see the full picture and are properly advised in the complex and fast-changing area of mental capacity law.
We represent clients who are applying to the Court of Protection as well as others who are a party to the proceedings and family members of those lacking capacity. We have particular expertise in dealing with matters of abuse, neglect and unauthorised deprivation of liberty of people lacking capacity. In such cases, an application to the Court of Protection may be able to ensure that the issue is brought to the attention of the Court and that there is a full investigation into what has gone wrong.
We are also able to assist with applications for Deputyship and Lasting Power of Attorney and advise when such applications are appropriate. We act ethically and explain to family members of people lacking capacity the steps that they need to take to carry out the duties of a Deputy or Attorney lawfully and responsibly.
Our team has acted in a number of successful cases in the Court of Protection including London Borough of Brent v AC and TC involving deprivation of liberty and financial abuse.
“TV Edwards is an outstanding law firm…. Its solicitors are dedicated, intelligent, determined, and empathetic. The solicitors I have worked with have particular expertise in dealing with vulnerable clients, many of whom lack capacity.“– Legal 500 UK Solicitors Guide 2022
“Brilliant team. Knowledgeable and strategic. Particularly good in cases involving mental incapacity.”– Legal 500 UK Solicitors Guide 2022
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