We can assist you if you wish to apply to the Court of Protection or are a party to proceedings to safeguard someone who lacks capacity, such as the elderly, or those with learning or mental health issues.
If a dispute arises as to whether a person has capacity or is a vulnerable person the decision is ultimately for the court (often the Court of Protection) to decide, usually with the assistance of medical and other evidence. In such cases we can assist you in asking the Court of Protection to appoint an expert or special visitor who can provide a report on the capacity of the individual in question.
If the individual is found to lack capacity, the Court of Protection can make broad decisions regarding that person’s welfare, medical or financial matters based on their best-interests.
If the person is found to have capacity the Court of protection has no powers to make such decisions. In cases of vulnerable adults it may fall to the High Court to use their inherent jurisdiction to make further decisions where necessary.
We can also advise our clients about other connected areas such creating a lasting power of attorney, and wills and probate.
Our specialist team understands that this process is both stressful and emotional for all parties involved. We are therefore dedicated to being on-hand to guide our clients every step of the way.
Should you have any queries, please do not hesitate to contact our offices and we will be happy to assist you.
We can provide free legal advice under the Legal Help scheme for those who qualify. If you do not qualify we can offer advice at competitive rates.
The term ‘Community Care’ covers a wide range of legal issues involving the Local Authority and other Public Bodies (such as Social Services, the NHS and Mental Health Services providers) and also the Court of Protection.
For further info…
Please contact one of our team.