The Court of Protection was established pursuant to the Mental Capacity Act 2005. The Court handles instances where an individual has been considered to have lost capacity to make decisions about their finances, welfare and health. It will also handle instances where a person wishes to revoke a Lasting Power of Attorney or advance decision under a Living Will. In any case, the Court will consider what action would be in the best interests of the individual.
If a family member becomes incapacitated due to mental illness, a disabling injury, Alzheimer's, dementia, brain damage or another reason, someone must step in and manage his or her affairs. At Lewis Nedas, we help individuals go to the Court of Protection to gain legal permission to make decisions for their loved ones.
We understand that this may be a difficult time for you and your family. Our solicitors will step in, answer your questions and facilitate a smooth transition of responsibility for your family member's financial affairs into your care.
Eligibility to apply to the Court of Protection
Any person over the age of 18 can apply to the Court to ask it to make a decision about action taken on their behalf. A legal guardian can apply on behalf of a child under the age of 18. If granted permission from the Court, family members and local authorities can apply.
Where local authorities, the NHS and family members disagree as to whether a person has mental capacity to handle their affairs or what is in the best interests, the Court will review the parties’ views and resolve the dispute.
The Court can also hear claims where mental capacity is in issue, such as contract disputes and landlord and tenant issues, and where capacity to make a Will has been called into question. A deputy can be appointed to represent the person whose capacity is called into question, with appointed family members usually being trustees over the age of 18. A deputy will have similar powers to an appointed Power of Attorney.
Deprivation of liberty
Decisions on an individual’s freedom that implicate mental capacity can be particularly delicate. Deprivation of liberty under the Mental Capacity Act is done so in order to keep that person safe from harming themselves or others. In some cases, a person detained can challenge their detention under the UK’s Human Rights Act 1998.
Costs of applying
If an applicant is appealing a prior decision that entails a deprivation of their liberty, such as lodging within a care home or hospital, then a solicitor will be allocated at no cost. In all other circumstances legal aid will be means tested.
Appealing decisions of the Court of Protection
A decision of the Court can be appealed to the English & Welsh Courts of Appeal.
Contact our Court of Protection Solicitors London
Our solicitors have extensive experience in handling matters relating to the Court of Protection. We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Court of Protection Lawyers today on 020 3811 6792 or complete our online enquiry form.