Caring for vulnerable individuals and managing their affairs are not always smooth running.
• There may be disagreements over financial and welfare matters that affect them.
• You may have concerns about the choice and conduct of attorneys and deputies, about where they should live and the medical treatment that they receive.
• You may have views about how an incapacitated person’s assets should be dealt with on death.
• Those mentally incapacitated are also vulnerable to abuse.
The Court of Protection is a specialist court created by the Mental Capacity Act 2005 to protect those who are unable to look after their own affairs, and to make decisions in their best interest, including where disputes arise over any aspect of their affairs and welfare.
Our specialist Court of Protection and Mental Capacity team provides integrated advice and representation in contested Court of Protection cases. We also advise on issues under the Mental Health Act and judicial reviews and can advise on cost recovery.
If you have any concerns about the affairs of someone who lacks capacity, please call us to see how we may be able to help.
A person who lacks the necessary capacity to manage their financial affairs may also lack the capacity to make gifts. In certain circumstances the Court of Protection will approve such actions on behalf of the incapacitated person.