We have protected the interests of vulnerable people, in the North East for over 35 years. The Court of Protection can make decisions for people who do not have the mental capacity to make them for themselves. This could mean deciding where they should live and/or what care they should receive there and who they spend time with. It may also be a decision concerning whether a person should receive certain healthcare or medical treatments.
If a person (‘P’) is assessed as lacking capacity to make a decision for themselves then the Mental Capacity Act 2005 provides a framework for decisions to be made in their best interests. Decisions will be reached taking in to account P’s wishes and feelings, family members views and those of professionals. If agreement cannot be reached or if the person concerned objects to the decision then an application should be made to the Court of Protection.
We regularly represent those who are resident in care homes against their wishes subject to a Deprivation of Liberty (DOLs) through their advocate and the Official Solicitor.
Our team can help the family of those subject to a deprivation of liberty or Court of Protection Health and Welfare proceedings.
Legal aid is available for those subject to a Deprivation of Liberty and family members may qualify for legal aid depending on their situation.
Our Court of Protection (Finances) team headed by Cliff Veitch can also assist family members or lay deputies in managing others’ financial affairs. Please see our separate ‘Court of Protection (Finances)’ page for more detail.