Court of Protection Solicitor for Mental Health Complications

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If someone no longer has the capacity to make crucial decisions regarding their own welfare, health, or finances, a Court of Protection solicitor may be able to help.

For the uninitiated, the Court of Protection makes decisions on a person’s behalf when they do not have the ability to do so themselves. Namely, by appointing ‘Deputies’ to act in that person’s best interests. A Court of Protection solicitor will walk you through and support you through the entire process.

How Can a Court of Protection Solicitor Help? 

A firm that specialises in this kind of work and has extensive experience of the Mental Capacity Act 2005 can advise on how to handle:

  • Disagreements in the family/between the family and health officials about the living arrangements, social care, and/or medical treatment that’s in a person’s best interests.
  • Uncertainty about your loved one’s ability to make decisions for themselves.
  • Responsibility for managing someone else’s affairs.
  • Concerns about your own or another person’s ability to manage your affairs. 
  • Concerns about someone’s ability to control another person’s affairs.

What Kind of Matters Can a Court of Protection Solicitor Help With?

If any of the above categories apply, a Court of Protection solicitor will send an application to the Court. This application will seek permission for either you or someone else to make decisions about your own, or someone else’s finances, health, welfare and property. Of course, the nuances of the application depend on the context of the case. 

A Court of Protection solicitor can assist you in different areas such as:

  • Court of Protection health and welfare disputes (as listed above)
  • Lasting Powers of Attorney
  • Wills and trusts
  • Appointing deputies and the associated responsibilities and restrictions of the role.

A Court of Protection solicitor can also give you advice, help and legal representation that will hopefully ease the responsibility of managing someone else’s affairs.

What Can the Court of Protection Decide Upon?

The Court must always act in the best interests of the person concerned. It is their role to make decisions on financial and welfare matters on behalf of those unable to make those decisions for themselves. 

The Court can decide if a person has the mental capacity to make decisions for themselves, make one-off decisions on that person’s behalf, and appoint Deputies to act on that person’s behalf. 

The Court of Protection can also make decisions about whether or not someone can be detained under the Mental Capacity Act and resolve disputes pertaining to this area of law. 

Final Thoughts

Managing someone else’s legal affairs can be stressful and intimidating, particularly when it comes to disputes between individuals and organisations involved in a person’s care. Most notably, local authorities, NHS Trusts and family members. 

Appointing a Court of Protection solicitor who is familiar with the relevant laws and processes can ease that burden and ensure someone responsible and knowledgeable works for your best interests.

To learn more, get in touch with us today.

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