In planning ahead for ill health or old age, many people make a lasting power of attorney. This gives someone that they trust the power to make decisions and act on their behalf if they should become unable to.
Where someone has not set up a power of attorney, and lacks the capacity to make decisions on their own behalf, then these powers pass to the Court of Protection. The Court will make decisions for them in relation to their property or financial affairs, and in relation to their health or welfare.
The Court is part of our judicial system and was created by the Mental Capacity Act 2005. It operates to strict rules, and can be costly and difficult to deal with.
If you find yourself having problems with the Court of Protection, or a decision that they have made on behalf of a relative, we can advise you on your rights.
Butler & Co Solicitors are very experienced in dealing with the Court of Protection. We offer sympathetic and expert advice in this often challenging area, particularly where there are related issues of mental health law.
We are able to act for the person who is said to lack capacity, or for you, if you are a family member or carer.
Our solicitors advise on:
We would expect to see a new client within 24 hours of an initial call, and will then be on hand to provide telephone advice 24 hours a day. Should you need advice about the Court of Protection and the law please call us on 01823 692800, or click here to send us an email and we will call you back.
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The first step is to contact the team at Butler & Co Solicitors to tell us about your case. There are no charges for an initial discussion.
Once we understand your particular circumstances, we can advise you on any costs and whether or not you would be eligible for public funding (legal aid).
In certain circumstances, we may be able to make an arrangement for costs to be paid by monthly standing order.
Legal representation at a mental health tribunal is usually eligible for public funding without means testing.
Eligibility for legal aid in other cases may be dependent upon your financial circumstances.
We will always provide you with a written explanation and estimate of any costs involved and any funding options before proceeding.
We will not incur any costs on your behalf without your permission.
Throughout the case we will keep you updated on the costs already incurred and likely to be incurred.