Court of Protection law

The Mental Capacity Act 2005 provides a comprehensive legal framework for decision-making on behalf of individuals who, as a result of illness or impairment, lack the capacity to make decisions for themselves. The Court of Protection is the specialist court set up to oversee decision-making in this area and to adjudicate in contentious or otherwise difficult cases.

Our Mental Capacity Team provides expert legal advice in relation to this often quite challenging area of law. We advise on how the Mental Capacity Act 2005 should be applied, and we provide representation in Court of Protection proceedings.

Issues are likely to relate to a person’s welfare (health and care) or to their property and affairs (finances). We can provide advice and representation in relation to both areas.

We also have a particular specialism in cases where someone is subject to a deprivation of liberty in a care home or hospital setting and wants to challenge it (Deprivation of Liberty Safeguards or ‘DOLS’ cases).

We are frequently instructed by the Official Solicitor and by advocacy organisations. We can represent the person who is the subject of the proceedings, but we can also represent family members or other interested parties.

A full list of the type of work we do appears below.

Many of our clients are entitled to legal aid. Full details regarding legal aid and other forms of funding can be found here.

To discuss how we can assist you, please telephone 01823 692800 or email mentalcapacityteam@butler-solicitors.co.uk
 

We provide legal advice and representation in the following areas:

  • Applications to the Court of Protection in welfare cases (treatment, residence, care, contact with third parties)
  • Applications to the Court of Protection under s21A Mental Capacity Act 2005 (DOLS cases)
  • Applications to the Court of Protection for appointment as a deputy (finance and welfare)
  • Disputes about whether someone has decision-making capacity
  • Lasting Powers of Attorney
  • Advance Decisions to refuse treatment