The Court of Protection in its current form was established by the Mental Capacity Act 2005. It hears cases concerning individuals who lack the mental capacity to make their own decisions, due to an impairment of, or disturbance in the functioning of the mind or brain. This may be caused by, for example, a learning disability, dementia, acquired brain injury or mental illness and can be temporary or permanent. The Court of Protection deals with a range of issues, such as:
- Disputes as to whether an individual does lack capacity to make a particular decision and/ or what is in an individual’s best interests, such as where he or she should live, whether he or she is able to consent to sexual relations, enter into a marriage or have contact with another particular person;
- Determining whether a serious medical procedure or course of treatment is in an individual’s best interests;
- Determining the lawfulness of an authorisation which deprives an individual of his or her liberty in a care home or hospital;
- Authorising the deprivation of liberty of an individual in other settings;
- Appointing a deputy to manage an individual’s property and affairs or make decisions about his/ her health and welfare;
- Dealing with disputes or issues relating to an attorney appointed by an individual to act on their behalf when they lose the capacity to make their own decisions.
The solicitors at MJC Law are experts in Court of Protection matters and can advise on any issues relating to mental capacity, including where there are proceedings before the Court of Protection.
We can act on behalf of the individual the proceedings are about, usually via a litigation friend (commonly the Official Solicitor, an advocate or paid representative), as an accredited legal representative in appropriate circumstances, or we can act for family members.
Legal aid is often available, subject to confirming eligibility. In circumstances where it is not we can discuss all funding options with you.
We are always happy to discuss any issues or concerns that you may have which relate to you or a family member. We know that engaging in a legal process can be stressful, so our aim is to make things as accessible and straightforward as possible.
For more information please contact us.