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Court of Protection

We specialise in issues of mental capacity and best interests, including health and welfare cases before the Court of Protection, having acted in some of the most significant cases in the Court of Protection since its establishment in 2005.

The Mental Capacity Act 2005 provides a legal framework for acting and making decisions on behalf of adults who may lack capacity to make particular decisions for themselves and established the Court of Protection as the forum for resolving legal disputes in this area.

We regularly act on behalf of families as well as those who are the subject of proceedings in the Court of Protection  – usually through a litigation friend such as the Official Solicitor, an advocate or paid representative. We’re also able to act as accredited legal representatives, where appropriate.

We are experts in cases involving disabled people, including those with learning disability, autism, dementia or brain injury.

Issues we advise on include:

  • Deprivation of liberty in a care home, a person’s own home, an assessment and treatment unit (“ATU”) or any other setting
  • Applications for welfare deputyship
  • Disputes about whether a person has capacity to make a particular decision and what is in a person’s best interests, including the issues of marriage, sexual relations, residence and contact

We have particular expertise in cases concerning medical treatment, including disputes relating to life sustaining treatment for both children and adults, which may address a person’s “right to life”, dignity and other human rights issues. These cases may concern people who are at the end of life or are in a prolonged disorder of consciousness, such as a vegetative or minimally conscious state.

If you’re affected by any of these issues, we can guide you through the legal process with expertise and care.

 

Want to contact us?

If you would like further information about the services we provide or to contact us about a case, we’re here.

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