Mental Capacity and Court of Protection

Putting your loved one's best interests first is essential and our team are here to provide support when you need us.

Excellent and very helpful to me when I was under a section. A good clear understanding of law. It was explained clearly and calmly. So I would highly suggest this company, to anyone who has a Mental Health condition and is in need of legal advice.

Andrew via Yell Reviews

Mental Capacity and Court of Protection Solicitors 

The Mental Capacity Act 2005 allows people to plan for delegated decision making across all areas of their lives should they lose the capacity to manage their affairs. The 2005 Act sets out who can take decisions on behalf of an adult who lacks capacity and in what circumstances they can act. 

Mental capacity

Court of Protection

Deprivation Of Liberty Safeguards

Deputyship Applications

Mental Capacity

Mental incapacity can arise in a number of ways, such as an accident, stroke, dementia, severe learning disability or severe mental health problem. This lack of capacity can be temporary or permanent. 

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Unfortunately, mental capacity issues often arise during disputes with health or social services about how or where your relative should be cared for and what choices they can make for themselves about day-to-day matters. 
The law is complex and without legal advice, gaps can arise, which can mean decisions are made by health and social services rather than by the individual or their family. At Appleman Legal, we can help at all stages. 
Our specialist mental capacity and Court of Protection team deal with:

    Best interest’s decisions in respect of a person’s welfare, residence, care and contact with others
    Challenges to Deprivation of Liberty Safeguards Standard Authorisations under Section 21A of the Mental Capacity Act 2005
    Claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life) of ECHR
    Lasting Powers of Attorney (LPAs)

Get in touch today to find out how we can help you.  

Court of Protection

If a person no longer has the mental capacity to deal with their own affairs, they will need the support of others to act on their behalf. If there is no Power of Attorney in place then it will be necessary to apply to the Court of Protection, 

The Court of Protection is the court responsible for making decisions about those that do not have the mental capacity to make decisions for themselves. This Court ensures that vulnerable people are protected and that those responsible for making decisions on their behalf are acting appropriately.
The Court of Protection has a range of powers under the Mental Capacity Act 2005 including:

    What type of care a person should receive.
    Deprivation of Liberty Safeguards (DOLS) decisions including ensuring the freedoms of those in care homes, hospitals and supported living are not restricted in a way that is inappropriate.
    Making decisions on a person’s welfare or affairs including where an individual should live and who they should have contact with.
    The Court can also remove the legal right for deputies or attorneys to make decisions if they do not believe they are correctly exercising their duties.

This is a complex area of law and the prospect of managing someone else’s affairs can seem intimidating . However, our Court of Protection Solicitors are here to ease the burden and help ensure you act responsibly and in your loved one’s best interests.

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Need advice on Mental Capacity and Court of Protection?

Mental Capacity and Court Protection

Speak with a member of our team today to discuss your particular circumstances.

Deprivation of Liberty Safeguards

In some situations, it may be necessary to make decisions on behalf of someone who lacks the mental capacity to make their own decisions about their residence and care. These decisions can result in a deprivation of the person’s liberty, and this is only permissible if the Deprivation of Liberty Safeguards (DoLS) are correctly followed.

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DoLS are there to protect people who are being deprived of their liberty by their caregivers for the purpose of their care. The law allows certain caregivers to deprive a person of their liberty if they lack the mental capacity to consent and are “under continuous supervision and control… [and] are not free to leave”.
Deprivation of liberty must be duly authorised; if it is not, they could unlawfully deprive someone of their liberty and may breach their human rights. It must also be possible to challenge the deprivation of liberty in court.
 In considering whether it is necessary, consideration needs to be given to whether it is the least restrictive method of ensuring that the needs of the person are met. 
It is possible to appeal a deprivation of liberty on behalf of an individual being deprived of their liberty to the Court of Protection if you believe that it is not in the person’s best interests. The court can agree to overturn the authorisation or amend it.
If you have questions regarding DoLS or would like to discuss further, please contact the team at Appleman Legal. We are here to assist you 

Deputyship Applications

A deputyship application allows an appointed person to make decisions on behalf of someone who has lost mental capacity in relation to their property, financial affairs, health and personal welfare.

Deputyship applications can be made to the Court of Protection where there is no lasting or enduring power of attorney in place. A Deputyship Order will last for as long as the individual concerned lacks capacity and needs someone to make decisions on their behalf.

What decisions can a deputy make?

The Deputyship Order will detail the decisions that can be made by the deputy. The Court is generally wary about making general health and welfare orders and usually prefer issue-specific applications.  Deputies must complete and file an annual report, detailing all decisions made and explain how the deputy has handled the finances of the person that the order applies to. The range of decisions that can be made by deputies include:

    Where the person will live
    Care and treatment that the person will receive
    Managing and paying bills
    Accessing bank accounts 

If you need advice about making a deputyship application or being a deputy, speak to our Court of Protection solicitors today. We are here to help.

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Contact our Mental Capacity and Court Protection Solicitors London & Southeast

If you would like to discuss Court of Protection Law or Deprivation of Liberty Safeguards with us further then please get in touch.